Accessing OSHA Records: What Employees Need To Know

The Occupational Safety and Health Act gives employees the right to access safety records. This article provides an overview of your rights and what you do to protect those rights. 

This article provides an overview of employee’s rights to safety records. However, every workplace is different and every worker is different. If you have any concerns about your workplace OSHA standards, contact an employment law attorney.

What Is OSHA?

The Occupational Safety and Health Administration (OSHA) is an agency within the U.S. Department of Labor (DOL) that protects employees from dangerous working conditions. OSHA regulations keep employees safe and create standards to educate employees about workplace safety.

What Are the Types of OSHA Records?

OSHA gives workers like you the right of access to information about worksite hazards. OSHA also requires employers to inform you about hazards and give you access to occupational injury information. Access to records generally falls into three categories: 

• Workplace injury and illness records
• Exposure data
• Medical records 

OSHA regulations also require employers to use different methods to communicate employee exposure and medical records information. This includes warning signs, color coding, signals, and training. This ensures you have access to vital information about workplace hazards, chemical substances, and your legal rights. This can help maintain a safe and healthy work environment and reduce occupational disease and injuries. 

Do Employers Keep Workplace Injury Records?

Employers in dangerous industries with more than 10 employees must maintain accurate and complete records of work-related injuries and illnesses. Employers must record serious incidents that require:

• Medical treatment
• Restricted work
• Days away from work

OSHA recordkeeping requirements include tracking workplace injuries, illnesses, and the overall safety environment. The most common of these records include: 

• OSHA 300 Log: This is a record of work-related injuries, first-aid records, and illnesses. This summarizes employee accidents and incidents that resulted in lost workdays, medical treatment beyond first aid, loss of consciousness, and more.
• OSHA 300A Summary: At the end of each year, employers must summarize the data from the OSHA 300 Log on the 300A form. This should be in a visible location in the workplace from February 1 to April 30.
• OSHA 301 Incident Report forms: Employers must complete a detailed report for each injury or illness recorded on the OSHA 300 Log. The report must include information about the employee, the injury, and how it occurred.

Understanding these records can help you spot trends in workplace injuries or illnesses. This can also help identify areas of needed safety improvements. 

What Is Exposure Data?

OSHA standards require employers to conduct tests for exposure to harmful physical agents, hazardous substances, toxic substances, or high levels of noise or radiation. These exposure monitoring tests provide information on workplace hazards. You have the right to access the results of these tests. 

Additionally, employers must train workers about hazardous chemicals and substances in the workplace. Employers must:

• Provide effective training on hazardous chemicals
• Maintain an up-to-date list of hazardous chemicals in the workplace
• Ensure proper labeling of hazardous chemical containers
• Make Safety Data Sheets (SDSs) available

SDSs contain detailed information about chemical hazards, their effects, preventive measures, and emergency treatment in case of exposure. 

Do Employers Keep Medical Records?

OSHA standards require medical tests to assess the effect of workplace exposures on workers’ health. This includes hearing tests for workers exposed to excessive noise or lung function tests for those exposed to asbestos. You have the right to access your own medical information. A designated representative can also review these records with your written permission. 

OSHA access allows you to identify areas of concern, address hazards, and take preventive measures to protect your well-being. 

Employee Access to OSHA Records 

As an employee, you have the right to access certain OSHA records to stay informed about the safety of your workplace. Generally, you have the: 

• Right to review records: You can ask to review OSHA records related to accidents, exposure data, and medical records. Employers must provide access to these records by the end of the next business day.
• Right to privacy: Your personal identifiers and the information of other employees must be redacted to protect employee privacy rights.
• Right to request copies: You can request copies of the OSHA docs.  

With this information, you can learn about potential risks and whether existing safety measures are enough. This information can help prevent future accidents and advocate for safer working conditions. 

Is Your Employer in Compliance With OSHA?

To help foster and preserve a healthy work environment, you must stay informed about your employer’s OSHA compliance. Here are some tips: 

• Check OSHA postings: Review the OSHA 300A Summary posted annually in your workplace. It provides your workplace’s safety record as well as potential hazards.
• Attend safety meetings: Safety committees often discuss safety concerns and upcoming inspections and review OSHA records.
• Use OSHA’s online resources: OSHA’s website (www.osha.gov) offers information about compliance guidelines and how to file a complaint.
• Spread the word: Encourage your fellow workers to exercise their rights and do the same as you.

What Can You Do About Information in OSHA Records?

If you review OSHA records and find concerning patterns or incidents, take action: 

• Report your concerns to a supervisor or the designated on-site safety officer.
• Talk to a lawyer for legal advice about your options.
• File an anonymous complaint with OSHA if your employer does not address your concerns. 

How Can an Employment Lawyer Help?

Transparency is crucial for ensuring that workers know about the hazards in their workplace. If you’re facing challenges addressing workplace safety concerns, talk to an employment lawyer. If you believe your employer is violating your rights to access OSHA records, contact an employment lawyer.