Employee exposure record rule for finished-product warehouses

July 8, 1982

Mr. Ronald C. Pohls
Vice President, Personnel
Drug and Health Care Group
Foremost-McKesson, Inc.
[Recipient address omitted]
Dear Mr. Pohls:

This is in response to your June 17, 1982, inquiry concerning the application of OSHA's Access to Employee Exposure and Medical Records standard (29 CFR 1910.[1020]) to your office and warehouse distribution facilities.

29 CFR 1910.[1020] applies to employers who have employees exposed to toxic substances or harmful physical agents. "Exposure" 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.

You have described your firm's operations as consisting solely of the distribution of finished products ready for consumption or use by the consumer. Thus, it does not appear that 29 CFR 1910.[1020] applies to such a situation.

As you may know, however, the State of California is one of a number of States which administer their own programs of workplace safety and health standards, under the authority of Section 18(b) of the Occupational Safety and Health Act. While the regulations promulgated under such a State program must be at least as effective as Federal OSHA Standards, they may differ in some respects. For you information, I am enclosing a list of the addresses of the agencies which administer these State programs.

I hope this information is helpful. Please feel free to contact us again if we can be of further assistance.

Sincerely,

Patrick R. Tyson
Director, Federal Compliance and State Programs

[Requester letter reproduced on OSHA page; omitted here.]