you have the right to examine and copy exposure and __________ records. — Answer: medical records, what counts, and how to request them under OSHA

Estimated reading time: 16 minutes

Key Takeaways

• The blank in “you have the right to examine and copy exposure and ______ records” is medical records. Under OSHA’s access standard, you may review and obtain copies of both exposure and medical records that relate to your work.

• OSHA’s Access to Employee Exposure and Medical Records rule gives employees and their designated representatives a right of access, with confidentiality protections for sensitive health information.

• Employers must provide access in a reasonable time, place, and manner—no later than 15 working days after a request—and must maintain exposure and medical records for up to 30 years in most cases.

• Unions and designated representatives can access records with proper authorization, and OSHA may also access medical and exposure records subject to confidentiality obligations.

• These records can be critical evidence in workers’ compensation claims—for proving exposure, connecting diagnoses to job duties, and securing medical and wage-loss benefits.

Table of Contents

• Introduction

• What Records Do You Have a Right to See?

  • Exposure Records Defined

  • Medical Records Defined

  • Substance-Specific Standards (Like Lead)

• Why These Records Matter for Workers’ Comp

  • Proving Exposure and Causation

  • Connecting Records to Benefits

• Your Right of Access: Who Can See What

  • Employees and Designated Representatives

  • Unions and Collective Representatives

  • OSHA and Government Access

• How to Request Your Records, Step by Step

  • Where to Send Your Request

  • What to Ask For

  • Timelines and Format

• Confidentiality and Privacy

  • Limits on What Employers May Disclose

  • HIPAA and Workers’ Comp

• Record Retention and Missing Records

  • How Long Employers Must Keep Records

  • If Records Are Missing

• Common Mistakes to Avoid

• Special Cases and Examples

  • Hearing Test Records and Noise Exposure

  • California Personnel File Rights vs. OSHA Rights

  • The Fill-in-the-Blank Question, Explained

• When to Seek Legal Help

• Conclusion

• FAQ

Introduction

If you have ever seen the phrase “you have the right to examine and copy exposure and __________ records,” the missing word is medical. That short sentence captures a core workplace safety right: you can review and obtain copies of your own exposure records and your medical records that are related to your job.

This right comes from OSHA’s Access to Employee Exposure and Medical Records standard. In plain terms, it means you can look at documents that show what you were exposed to at work and health information tied to those exposures. OSHA’s own guide explains that “access means the right to examine and copy medical and exposure records,” and it affirms that you, as an employee, have this right of access. You can find that language in OSHA’s publication on Access to Medical and Exposure Records.

After a workplace injury or illness, especially one involving chemicals, dust, noise, or other hazards, these records can be the evidence that connects your condition to your job. They can also help you understand your options, including potential workers’ compensation benefits and how to make a strong claim from the start. For a broader overview of benefits and eligibility, see our guides on what benefits workers’ comp covers and who qualifies for workers’ compensation.

What Records Do You Have a Right to See?

OSHA’s standard, found at 29 CFR 1910.1020, is designed to “provide employees and their designated representatives a right of access to relevant exposure and medical records.” In practice, two main categories are covered: exposure records and medical records. Knowing what fits into each category will help you ask for everything you need.

Exposure Records Defined

Exposure records document hazardous substances or agents in your workplace and your potential contact with them. Common examples include:

• Industrial hygiene sampling results (air monitoring for chemicals, dust, fumes, or fibers).

• Biological monitoring results that measure substances or their metabolites in your body (when collected to assess workplace exposure).

• Safety Data Sheets (SDS) and chemical inventories that show what agents are used and where.

• Radiation, noise, and vibration measurements.

These records show what hazards were present and at what levels. They are critical for connecting your symptoms to workplace conditions. OSHA’s access standard confirms your right to see these “employee exposure records,” as part of your overall right of access under 1910.1020.

Medical Records Defined

Medical records include health information related to your employment and any monitoring or surveillance programs tied to workplace hazards. Examples include:

• Medical and occupational histories taken by the employer’s clinic or a physician for job-related reasons.

• Results of medical examinations and lab tests (for example, blood lead levels, spirometry for lung function, or audiograms for hearing).

• Diagnoses, opinions, and recommendations by health professionals regarding your fitness for duty or restrictions.

• First aid records and treatment notes for work-related conditions.

OSHA’s official guide puts it plainly: “Access means the right to examine and copy medical and exposure records,” and employees have the right to access both. See OSHA’s publication on Access to Medical and Exposure Records for the full explanation of what counts and how access works.

Substance-Specific Standards (Like Lead)

Some hazards have their own OSHA standards that add medical surveillance and recordkeeping requirements. The lead standard is a good example. It requires employers to ensure that specific medical records are kept, including clinical findings and exam results. You can see those requirements at 29 CFR 1910.1025, which details the medical record components an employer or examining physician must maintain for workers covered by the lead rule.

Why These Records Matter for Workers’ Comp

After an exposure incident or a diagnosis of an occupational illness, your exposure and medical records are often the backbone of your workers’ compensation case. They help connect the dots between your job, your exposure, and your health.

Proving Exposure and Causation

Workers’ compensation benefits typically do not require proof of fault, but you do need to show that your condition is work-related. Exposure records can demonstrate that a hazardous substance was present at your worksite and at what levels. Medical records can show that you were part of a surveillance program, that your lab results changed over time, or that a diagnosis is consistent with the exposure.

This linkage is especially important for occupational diseases, which can develop gradually. The better your documentation, the easier it is to establish work-relatedness and avoid disputes. If you are just starting out, our overview of what workers’ compensation is and how it works can help you understand the big picture.

Connecting Records to Benefits

Your records can also influence the benefits you receive. For example, they can support approval of specialized medical care or diagnostic tests, and they can help justify temporary or permanent work restrictions that lead to wage replacement. To learn more about what benefits may be available, review our guide to what workers’ comp benefits cover.

If you have not yet filed a claim or you are unsure about the deadline, see our step-by-step resource on how to file a workers’ comp claim. Getting your records early can prevent delays later in the process.

Your Right of Access: Who Can See What

OSHA’s access rule is meant to empower you, while safeguarding sensitive information. The standard names who can access these records and under what conditions.

Employees and Designated Representatives

You have a right to access your relevant exposure and medical records that relate to your employment. OSHA’s regulation explicitly gives this right to employees and to their “designated representatives.” A designated representative can be a lawyer, a family member, or another person you authorize in writing to receive records on your behalf, as provided under OSHA 1910.1020.

In practical terms, this means you can sign an authorization letter allowing your representative to request and receive copies. This can ease the burden when you are recovering or handling a complex claim.

Unions and Collective Representatives

The access standard also supports collective safety. As one summary explains, the “purpose of this standard is to provide employees and the union the right of access to relevant exposure and medical records.” That perspective is outlined by the Teamsters’ explanation of OSHA’s rule on access to employee exposure and medical records.

Your union may help collect exposure data across job classifications, identify trends, and advocate for controls. Union safety committees can be powerful partners in making sure surveillance programs work and that hazards are corrected.

OSHA and Government Access

OSHA can also access these records in certain situations. As one legal analysis notes, OSHA also has a right to access these medical and exposure records, but it must honor confidentiality obligations for medical information. That balance allows OSHA to investigate hazards and enforce rules while protecting individual privacy.

How to Request Your Records, Step by Step

Requesting your records does not need to be complicated. A simple, organized approach helps you get what you need without delay.

Where to Send Your Request

Start with your employer’s human resources or environmental health and safety department. If your employer uses a third-party clinic, occupational health provider, or a contracted industrial hygiene firm, note their contact information and send your request to each entity that may hold relevant records.

If your workers’ compensation claim is open, your claims administrator or nurse case manager may also have copies. Keeping your own set makes future claims or appeals easier.

What to Ask For

Be specific. Ask for “all exposure and medical records related to my employment,” and list key categories so nothing is overlooked:

• Industrial hygiene sampling results, area and personal monitoring data, and analytical reports.

• Biological monitoring results (e.g., blood lead, urine metabolites) performed due to workplace exposure.

• Safety Data Sheets and chemical inventories covering the period you worked in affected areas.

• Medical surveillance records: exam notes, lab results, audiograms, spirometry, physician opinions, and work restrictions.

• First aid and clinic visit notes related to workplace incidents or exposures.

• Any analyses or summaries of exposure or medical data that relate to you or your job classification.

OSHA’s publication on Access to Medical and Exposure Records underscores that you have the right to examine and copy these categories of records.

Timelines and Format

OSHA requires employers to provide access in a reasonable time, place, and manner. Importantly, access must be provided no later than 15 working days after your request, or the employer must tell you why it is delayed and when it will be available. This requirement is part of OSHA 1910.1020.

You can ask to examine the records on-site or to receive copies. Specify whether you want electronic files (PDFs) or paper copies. Keeping a personal digital file with clear names and dates can save time if you pursue a claim.

Confidentiality and Privacy

Workers often worry about who can see their medical information. OSHA’s rule builds in confidentiality protections while still enabling you to access your records and to authorize a representative to do so.

Limits on What Employers May Disclose

Your medical records are sensitive. OSHA’s access framework and related guidance ensure that medical confidentiality is honored when records are shared. Government access is also bound by confidentiality. As noted by one legal update, when OSHA obtains medical and exposure records, those records are subject to confidentiality obligations, which protect your privacy even during investigations. See the discussion of these obligations in the article on OSHA’s access to records and confidentiality considerations here.

HIPAA and Workers’ Comp

HIPAA generally applies to healthcare providers and health plans, not employers. However, medical providers who hold your records must still follow HIPAA when responding to requests. OSHA’s access standard allows you to authorize a representative to receive records for you, and providers can disclose records needed for workers’ compensation in accordance with HIPAA’s rules. If you are unsure about the best way to structure your authorization, consider writing clearly that you permit the release of “exposure and medical records related to my employment,” and name any representative who should receive them.

Record Retention and Missing Records

Some records must be retained for a long time because occupational diseases can take years to appear. Knowing the retention rules can help you insist on what you are entitled to receive.

How Long Employers Must Keep Records

Under OSHA’s access standard, exposure records typically must be kept for at least 30 years. Medical records must be retained for the duration of employment plus 30 years, with limited exceptions. This long retention period protects workers who develop conditions later in life by preserving a history of exposures. The retention and access framework is part of 1910.1020, which exists to ensure employees can get relevant exposure and medical information when they need it.

If Records Are Missing

Sometimes older records are lost, contractors change, or a facility closes. If records are missing, ask your employer to explain what efforts have been made to locate them. You can also seek related documents such as Safety Data Sheets or equipment logs that may help reconstruct exposure histories.

In substance-specific programs like lead, employers should have kept detailed medical surveillance files, including physician examinations and lab results. If you worked under such a program, reference the requirements in the lead standard, which outlines what medical records the employer or examining physician must retain under 1910.1025.

Common Mistakes to Avoid

• Waiting too long to request records. Ask as soon as you suspect an issue or file a claim so you can meet deadlines.

• Requesting only “medical records.” Exposure records—like sampling data and SDS—are just as important for proving work-relatedness.

• Overlooking surveillance data. Audiograms, spirometry, or blood tests can show trends that strengthen your case.

• Not naming a designated representative. Authorize someone you trust to request and receive records on your behalf if you cannot.

• Ignoring union resources. Safety committees and unions can help identify exposures and obtain records for a group or job classification.

Special Cases and Examples

Different hazards and jurisdictions can generate different types of records or procedures. These examples illustrate the range of what may exist and how access works.

Hearing Test Records and Noise Exposure

Noise is a common workplace hazard. Hearing conservation programs often include baseline and annual audiograms. Guidance in other jurisdictions highlights how employers should maintain and provide access to hearing test records. For example, WorkSafeBC’s guideline explains how employers should maintain and access hearing test records as part of noise, vibration, radiation, and temperature programs. You can see this approach in WorkSafeBC’s Part 7 OHS Guidelines. While this is a Canadian example, the idea is similar: hearing test records are part of the medical surveillance picture and are important for workers’ claims.

California Personnel File Rights vs. OSHA Rights

OSHA’s rule focuses on exposure and medical records. Separate state laws may give you access to other types of records. For instance, California law provides that current and former employees (or a representative) have the right to inspect and receive a copy of personnel files and records. See California’s guidance on personnel files and records. That right is distinct from OSHA’s access to exposure and medical records, but both can matter in a workplace dispute.

The Fill-in-the-Blank Question, Explained

Training materials and quizzes often reinforce the key phrase: “You have the right to examine and copy exposure and ____ records.” The expected answer is medical records. Several learning resources reflect this, including summaries that state the correct answer is medical records under OSHA regulations. See examples of that explanation in this training Q&A and another fill-in-the-blank example.

Worker-facing forums also echo the rule in plain language, noting that as an employee, you have the right to access exposure and medical records and analyses based on those records. You can see that everyday explanation in a discussion thread on employee health file access. While forums are not legal authority, they show how workers apply OSHA’s rule to real situations.

When to Seek Legal Help

Getting your exposure and medical records is only one part of protecting your health and your rights. If your access request is ignored, delayed beyond the 15-working-day window, or you face pressure not to ask questions, consider speaking with a lawyer. Legal help can be especially important if you are dealing with a serious diagnosis, a denied claim, or complex exposure issues that span years and multiple employers.

Understanding your rights early can prevent costly mistakes. For deeper background on how workers’ compensation functions, see our plain-language guide to what workers’ comp is and how it works. If you are getting ready to open a claim, follow our step-by-step resource on filing a workers’ comp claim, and review which benefits may apply. If you are unsure whether you qualify, our guide to who qualifies for workers’ compensation can help you quickly assess your situation.

Conclusion

“You have the right to examine and copy exposure and medical records” is more than a training slogan—it is a legal protection meant to level the playing field when you are dealing with hazards and health problems. OSHA designed the access rule so workers can see what they were exposed to, understand their health status, and take action. Those records can be the foundation for medical care, workplace fixes, and a successful workers’ compensation claim. If you think your illness or injury is job-related, do not wait to ask for your records. The sooner you gather them, the sooner you can make informed decisions about treatment, time off, and your claim.

Need help now? Get a free and instant case evaluation by US Work Accident Lawyers. See if your case qualifies within 30-seconds at https://usworkaccidentlawyer.com.

FAQ

What counts as an exposure record?

Exposure records include industrial hygiene sampling results, biological monitoring performed due to workplace exposures, Safety Data Sheets, chemical inventories, and measurements for hazards like noise or radiation. OSHA’s access rule at 1910.1020 is designed to give you access to these records, and OSHA’s guide confirms you may examine and copy exposure and medical records described in its publication.

How fast should I get my records?

Employers must provide access in a reasonable time, place, and manner. No later than 15 working days after your request, they must provide access or explain the reason for delay and when access will occur. This timing comes from OSHA’s access standard.

Can my union or lawyer request for me?

Yes. You can authorize a designated representative—such as a lawyer, family member, or union representative—to access your records with written permission. The purpose of the standard is to give employees and unions access to relevant exposure and medical records, as summarized by the Teamsters’ explanation of OSHA’s access rule.

What if my employer refuses?

If an employer denies access or misses deadlines, remind them of their obligations under 1910.1020. OSHA can enforce the rule, and in some cases OSHA may access the records directly while honoring confidentiality, as discussed in a legal update on OSHA’s access to medical and exposure records. If your health or claim is at stake, consider consulting a lawyer.

Do these rules help with my workers’ comp claim?

Yes. Exposure and medical records help show your condition is work-related and support benefits like medical treatment and wage replacement. Learn more about which benefits workers’ comp covers and how to file a claim. If you are unsure whether you qualify, see our guide on who qualifies for workers’ compensation.