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(ii) A written authorization does not operate to authorize the release of medical information not in
existence on the date of written authorization, unless the release of future information is expressly
authorized, and does not operate for more than one year from the date of written authorization.

(iii) A written authorization may be revoked in writing prospectively at any time.

(13) Toxic substance or harmful physical agent means any chemical substance, biological agent (bacteria,
virus, fungus, etc.), or physical stress (noise, heat, cold, vibration, repetitive motion, ionizing and
non-ionizing radiation, hypo - or hyperbaric pressure, etc.) which:

(i) Is listed in the latest printed edition of the National Institute for Occupational Safety and
Health (NIOSH) Registry of Toxic Effects of Chemical Substances (RTECS) which is incorporated
by reference as specified in Sec. 1910.6; or

(ii) Has yielded positive evidence of an acute or chronic health hazard in testing conducted by, or
known to, the employer; or

(iii) Is the subject of a material safety data sheet kept by or known to the employer indicating that
the material may pose a hazard to human health.

(14) Trade secret means any confidential formula, pattern, process, device, or information or
compilation of information that is used in an employer’s business and that gives the employer an
opportunity to obtain an advantage over competitors who do not know or use it.

(d) Preservation of records.

(1) Unless a specific occupational safety and health standard provides a different period of time,
each employer shall assure the preservation and retention of records as follows:

(i) Employee medical records. The medical record for each employee shall be preserved and
maintained for at least the duration of employment plus thirty (30) years, except that the
following types of records need not be retained for any specified period:

(A) Health insurance claims records maintained separately from the employer’s medical
program and its records,

(B) First aid records (not including medical histories) of one-time treatment and subsequent
observation of minor scratches, cuts, burns, splinters, and the like which do not involve
medical treatment, loss of consciousness, restriction of work or motion, or transfer to another
job, if made on-site by a non-physician and if maintained separately from the employer’s
medical program and its records, and

(C) 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.

(ii) Employee exposure records. Each employee exposure record shall be preserved and maintained
for at least thirty (30) years, except that:

(A) Background data to environmental (workplace) monitoring or measuring, such as laboratory

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