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part of normal medical practice,; or

(B) Records concerning health insurance claims if maintained separately from the employer’s
medical program and its records, and not accessible to the employer by employee name or
other direct personal identifier (e.g., social security number, payroll number, etc.); or

(C) Records created solely in preparation for litigation which are privileged from discovery
under the applicable rules of procedure or evidence; or

(D) Records concerning voluntary employee assistance programs (alcohol, drug abuse, or
personal counseling programs) if maintained separately from the employer’s medical program
and its records.

(7) Employer means a current employer, a former employer, or a successor employer.

(8) Exposure or exposed means that an employee is subjected to a toxic substance or harmful physical
agent in the course of employment through any route of entry (inhalation, ingestion, skin contact or
absorption, etc.), and includes past exposure and potential (e.g., accidental or possible) exposure, but
does not include situations where the employer can demonstrate that the toxic substance or harmful
physical agent is not used, handled, stored, generated, or present in the workplace in any manner
different from typical non-occupational situations.

(9) Health Professional means a physician, occupational health nurse, industrial hygienist, toxicologist,
or epidemiologist, providing medical or other occupational health services to exposed employees.

(10) Record means any item, collection, or grouping of information regardless of the form or process
by which it is maintained (e.g., paper document, microfiche, microfilm, X-ray film, or automated data
processing).

(11) Specific chemical identity means a chemical name, Chemical Abstracts Service (CAS) Registry
Number, or any other information that reveals the precise chemical designation of the substance.

(12)
(i) Specific written consent means a written authorization containing the following:

(A) The name and signature of the employee authorizing the release of medical information,

(B) The date of the written authorization,

(C) The name of the individual or organization that is authorized to release the medical
information,

(D) The name of the designated representative (individual or organization) that is authorized to receive
the released information,

(E) A general description of the medical information that is authorized to be released,

(F) A general description of the purpose for the release of the medical information, and

(G) A date or condition upon which the written authorization will expire (if less than one year).

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