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(4) Employee means a current employee, a former employee, or an employee being assigned or
transferred to work where there will be exposure to toxic substances or harmful physical agents.
In the case of a deceased or legally incapacitated employee, the employee’s legal representative
may directly exercise all the employee’s rights under this section.

(5) Employee exposure record means a record containing any of the following kinds of information:

(i) Environmental (workplace) monitoring or measuring of a toxic substance or harmful
physical agent, including personal, area, grab, wipe, or other form of sampling, as well as
related collection and analytical methodologies, calculations, and other background data
relevant to interpretation of the results obtained;

(ii) Biological monitoring results which directly assess the absorption of a toxic substance or
harmful physical agent by body systems (e.g., the level of a chemical in the blood, urine,
breath, hair, fingernails, etc.) but not including results which assess the biological effect of a
substance or agent or which assess an employee’s use of alcohol or drugs;

(iii) Material safety data sheets indicating that the material may pose a hazard to human
health; or

(iv) In the absence of the above, a chemical inventory or any other record which reveals
where and when used and the identity (e.g., chemical, common, or trade name) of a toxic
substance or harmful physical agent.

(6)

(i) Employee medical record means a record concerning the health status of an employee which
is made or maintained by a physician, nurse, or other health care personnel, or technician,
including:

(A) Medical and employment questionnaires or histories (including job description and
occupational exposures),

(B) The results of medical examinations (pre-employment, pre-assignment, periodic, or
episodic) and laboratory tests (including chest and other X-ray examinations taken for the
purpose of establishing a base-line or detecting occupational illnesses and all biological
monitoring not defined as an “employee exposure record”),

(C) Medical opinions, diagnoses, progress notes, and recommendations,

(D) First aid records,

(E) Descriptions of treatments and prescriptions, and

(F) Employee medical complaints.

(ii) “Employee medical record” does not include medical information in the form of:

(A) Physical specimens (e.g., blood or urine samples) which are routinely discarded as a

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