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(iv) In the case of an original X-ray, the employer may restrict access to on-site examination or make
other suitable arrangements for the temporary loan of the X-ray.

(v) Whenever a record has been previously provided without cost to an employee or designated
representative, the employer may charge reasonable, non-discriminatory administrative costs (i.e.,
search and copying expenses but not including overhead expenses) for a request by the employee
or designated representative for additional copies of the record, except that

(A) An employer shall not charge for an initial request for a copy of new information that has
been added to a record which was previously provided; and

(B) An employer shall not charge for an initial request by a recognized or certified collective
bargaining agent for a copy of an employee exposure record or an analysis using exposure or
medical records.

(vi) Nothing in this section is intended to preclude employees and collective bargaining agents
from collectively bargaining to obtain access to information in addition to that available under
this section.

(2) Employee and designated representative access

(i) Employee exposure records.

(A) Except as limited by paragraph (f) of this section, each employer shall, upon request,
assure the access to each employee and designated representative to employee exposure
records relevant to the employee. For the purpose of this section, an exposure record relevant
to the employee consists of:

(1)A record which measures or monitors the amount of a toxic substance or harmful physical
agent to which the employee is or has been exposed;

(2) In the absence of such directly relevant records, such records of other employees with
past or present job duties or working conditions related to or similar to those of the
employee to the extent necessary to reasonably indicate the amount and nature of the
toxic substances or harmful physical agents to which the employee is or has been
subjected,; and

(3) Exposure records to the extent necessary to reasonably indicate the amount and nature of
the toxic substances or harmful physical agents at workplaces or under working conditions
to which the employee is being assigned or transferred.

(B) Requests by designated representatives for unconsented access to employee exposure
records shall be in writing and shall specify with reasonable particularity:

(1) The record requested to be disclosed; and

(2) The occupational health need for gaining access to these records.

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