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(ii) Employee medical records.

(A) Each employer shall, upon request, assure the access of each employee to employee medical
records of which the employee is the subject, except as provided in paragraph (e)(2)(ii)(D) of this
section.

(B) Each employer shall, upon request, assure the access of each designated representative to the
employee medical records of any employee who has given the designated representative specific
written consent. Appendix A to this section contains a sample form which may be used to establish
specific written consent for access to employee medical records.

(C) Whenever access to employee medical records is requested, a physician representing the
employer may recommend that the employee or designated representative:

(1) Consult with the physician for the purposes of reviewing and discussing the records requested,

(2) Accept a summary of material facts and opinions in lieu of the records requested, or

(3) Accept release of the requested records only to a physician or other designated representative.

(D) Whenever an employee requests access to his or her employee medical records, and a physician
representing the employer believes that direct employee access to information contained in the
records regarding a specific diagnosis of a terminal illness or a psychiatric condition could be
detrimental to the employee’s health, the employer may inform the employee that access will only
be provided to a designated representative of the employee having specific written consent, and
deny the employee’s request for direct access to this information only. Where a designated
representative with specific written consent requests access to information so withheld, the
employer shall assure the access of the designated representative to this information, even when it is
known that the designated representative will give the information to the employee.

(E) A physician, nurse, or other responsible health care personnel maintaining employee medical
records may delete from requested medical records the identity of a family member, personal friend,
or fellow employee who has provided confidential information concerning an employee’s health
status.

(iii) Analyses using exposure or medical records.

(A) Each employer shall, upon request, assure the access of each employee and designated
representative to each analysis using exposure or medical records concerning the employee’s
working conditions or workplace.

(B) Whenever access is requested to an analysis which reports the contents of employee medical
records by either direct identifier (name, address, social security number, payroll number, etc.) or by
information which could reasonably be used under the circumstances indirectly to identify specific
employees (exact age, height, weight, race, sex, date of initial employment, job title, etc.), the
employer shall assure that personal identifiers are removed before access is provided. If the
employer can demonstrate that removal of personal identifiers from an analysis is not feasible,
access to the personally identifiable portions of the analysis need not be provided.

(3) OSHA access.

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