Workplace drug testing results under the employee medical records access standard

February 6, 1990

MEMORANDUM FOR: GILBERT J. SAULTER
REGIONAL ADMINISTRATOR

THROUGH: LEO CAREY, DIRECTOR
OFFICE OF FIELD OPERATIONS

FROM: THOMAS J. SHEPICH, DIRECTOR
DIRECTORATE OF COMPLIANCE PROGRAMS

SUBJECT: 29 CFR 1910.1020 Application to Workplace Drug Testing Results

This is in response to your request for an interpretation of the "Access to Employee Exposure and Medical Records" standard (29 CFR 1910.1020) as it applies to workplace drug testing results.

In general, this standard applies to exposure and medical records of all employees exposed to toxic substances and harmful physical agents in the course of employment. It does not apply, however, to situations where the only exposure to toxic substances or harmful physical agents in the workplace is no different from typical non-occupational situations. In other words, an employee's medical record, including results of drug testing, is not included in the requirements of 1910.1020 unless all relevant definitions in 1910.1020(c) are met.

Employees who are covered by the standard are entitled to direct access to all the information in their medical records, including drug testing results, unless a physician representing the employer believes that direct access to certain information would be detrimental to the employee's health. These employees can still obtain access to withheld information indirectly by designating a representative who has the employee's specific written consent to obtain access to this information (29 CFR 1910.1020(e) (2)(ii)(D)).

OSHA also has access to complete medical records, including drug test results, when there is a justificable occupational safety and health need. If personally identifiable drug testing records are part of medical records then OSHA's access order procedures are applicable (29 CFR 1913.10). Agency rule 1913.10(b) states that the rules and procedures for medical access orders apply to all requests by OSHA for access to employee medical information "whether or not pursuant to the access provisions of 29 CFR 1910.20(e)."
December 28, 1989

MEMORANDUM FOR: THOMAS J. SHEPICH, Director Directorate of Compliance Programs

THROUGH: LEO CAREY, Director
Office of Field Programs

SUBJECT: Request for Interpretation/Clarification of 29 CFR 1910.1020 as it Applies to Workplace Drug Testing Results

Attached is a request for an interpretation of the "Access to Employee Exposure and Medical Records" under 29 CFR 1910.1020 as it applies to workplace drug testing results.

This request was referred by our Lubbock Area Office and is forwarded for your response since the interpretation could have nationwide implications and significance.

Please forward a copy of your response to Jerry Bailey, Assistant Regional Administrator for Technical Support at 214/767-4734.

Your assistance in this matter is appreciated.

GILBERT J. SAULTER
Regional Administrator
Attachment

DATE: December 11, 1989

MEMORANDUM FOR: GILBERT J. SAULTER
Regional Administrator

ATTENTION: JERRY BAILEY ARA/TS

SUBJECT: Workplace Drug Testing Results - Applicability Under 1910.1020

The question has been raised, under 29 CFR 1910.1020 "Access to Employee Exposure and Medical Records", if workplace drug testing results would be available to the following parties:

a) Private sector employees desiring to know their own results from a routine screening or results from an accident investigation report;

b) OSHA compliance personnel reviewing results from a routine screening or results from an accident investigation report.

These questions result from mandatory drug testing programs that are now in effect in many areas of employment.

Thank you in advance for your response to this matter.

EDWARD J. COSGROVE
Area Director
Lubbock Area Office