OSHA regulations on preservation of records are very specific and require much
longer retention than ordinary medical records, which is a very good reason for
not mixing records for personal illnesses with occupational records. Few general
medical offices are prepared to keep records for 60 years (30 years after the
employee quits, retires, dies, or is fired).
Unless a specific occupational safety and health standard provides a
different period of time, … the medical record for each employee shall be
preserved and maintained for at least the duration of employment plus
30 years. This requirement does not apply to health insurance claims
records maintained separately and to first aid records (not including
medical histories) of one-time treatment and subsequent observation…
if made on- site by a nonphysician and if maintained separately from the
employer’s medical program and its records.
The medical records of employees who have worked for less than (1)
year for the employer need not be retained beyond the term of
employment if they are provided to the employee upon the termination
of employment.
Nothing in this section is intended to mandate the form, manner, or
process by which an employer preserves a record as long as the
information contained in the record is preserved and retrievable, except
that chest X- ray films shall be preserved in their original state.
The OSHA rules also provide for the maintenance of records on employees
whose employer is no longer in business. If an employer goes out of business,
its employee’s medical records shall be transferred to the successor employer,
who must receive and maintain the records. This can pose problems if the
successor employer chooses to sever the relationship with the private
physician or clinic and take possession of the records. The records must be
surrendered, but it is important, as much as possible, to comply with state
laws governing the transfer or release of medical information. It may be
advisable to notify the employees that their records will be transferred and
that they should contact the new employer if they have questions or
objections. Since the successor employer has the right to the records of all
previous employees, not just those whom it rehires, there may be employees
who would want the physician to retain a copy of the records and continue
providing medical care. The physician or clinic may also want to retain copies
of the records for medical-legal concerns.
When there is no successor employer, the employees must be notified of their
rights of access to the records at least three months prior to the cessation of
the employer’s business. The employer must also transfer “the records to the
Director of the National Institute for Occupational Safety and Health (NIOSH) if
so required by a specific occupational safety and health standard” or “notify
the Director of NIOSH in writing of the impending disposal of records at least
three (3) months prior to the disposal of the records.” The physician or clinic
maintaining the records should ensure that these obligations have been carried
out before disposing of any records.
