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Records Kept by Your Employer

Injury and illness records — the OSHA 200 log

If you are in a state where public employees are covered by OSHA or a similar law (see Chapter 12) or work for a private-sector employer, your employer must keep records of all job-related injuries, illnesses and deaths (29 CFR 1904). The Federal OSHA Form 200 (the form in your state may have a different number) is a yearly summary or log. A sample 200 log can be downloaded here (PDF format requiring Adobe Acrobat Reader).

A complete and accurate 200 log can help you answer these questions:

  • What kind and how many injuries and illnesses have workers had?

  • Who has had an injury, illness or has been killed?

  • What jobs do the injured workers have?

  • In what department or location do the injured employees work?

  • How much work time has been lost?


The summary is helpful for looking at trends. For example, it is useful to know if a certain type of injury or the time lost from work is going up or down.

Union representatives have a right to review the log. Also, each February employers covered by OSHA must post the summary for the previous year (29 CFR 1904).

Your employer must record injuries that result in:

  • medical treatment other than first aid;

  • transfer to another job (“light duty”);

  • restricted work or motion;

  • loss of consciousness; or

  • death.

A lost-workday injury is an injury that causes a worker to be off work or to work:

  • at another job temporarily (“light duty”);

  • less than full time on their regular job; or

  • their regular job but not be able to perform all their normal duties.

 

Incident reports (injury investigation)

Often there is a report written when someone gets hurt. There may also be an investigation when someone almost gets injured, a near miss. You should be suspicious of reports that say an “accident” was caused by a worker who was careless or failed to follow rules and procedures. Look beyond this excuse to see what the conditions were at the time. Ask questions such as:

  • Were there fewer workers than normal doing the job?

  • Was machinery or equipment in good working order?

  • Was there bad weather or other unusual conditions present?

  • Had the worker(s) been given good training?

  • Was the work being done faster than normal?

  • Was the job being done in compliance with relevant OSHA standards or other safe working procedures?

The union can conduct its own investigation. A sample “Injury Investigation Form” is found in Figure 1.

 

Workers compensation

Workers must file claims to receive workers compensation. These reports often contain useful information on hazards. The workers compensation claims can also be used to check whether the OSHA 200 log is complete. Workers often file for compensation but the injuries do not appear on the injury log.

 

Employee exposure and medical records

Depending on your job, your employer may have to keep records on your exposure to hazards such as asbestos, noise, ethylene oxide or radiation. There may also be records of exposures that are not required by law. Examples of exposure records include:

  • air samples for chemicals;

  • blood tests for lead;

  • skin tests for tuberculosis; and

  • badges to measure radiation (dosimeter).

Medical records include:

  • medical and job histories;

  • results from medical exams such as X-rays and hearing tests;

  • a diagnosis or other doctor’s opinion;

  • symptoms; and

  • treatments and drugs that have been prescribed.

You have the right to get a copy of your own exposure and medical records if you are covered by OSHA (29 CFR 1910.1020). Union representatives can look at overall medical results and studies, as long as individual workers are not identified. Medical records cannot be released without the written permission of the worker. Sample letters to release medical records and to request exposure records are in Figures 2 and 3.

Figure 2 

Sample Letter to Release Medical Records

I, _____________(full name of worker/patient) hereby authorize ________________(person or organization holding the medical records) to release to ______________(union representative or other person designated to receive the medical records) the following information from my personal medical records:

I give my permission for this medical information to be used for the purpose of _________ .

I do not give permission for any other use or re-disclosure of this information.

______________________________
(signature and date)

 

Figure 3

Sample Letter Requesting Exposure Records

Date

To: (Employer or person or office in charge of exposure records)

As an authorized employee representative of AFSCME Local _____, I hereby request, under state regulations corresponding to federal OSHA Standard CFR 1910.1020, copies of any and all employee exposure records in the Employer’s possession or collected on behalf of the Employer pertaining to the substances or agents listed below. “Employee exposure records” include, but are not limited to, the following records:

  • environmental (workplace) monitoring or measuring data, indicating sampling methods and the party collecting the sample;



  • biological monitoring results which directly assess the absorption of any of these substances and the reasons;



  • Material Safety Data Sheets for all chemicals used in the workplace; and/or



  • any other records indicating the identity of and level of exposure to the substance(s) in question.

_______________________________________________
Signature and Title


Management in states where public employees are covered by OSHA must provide exposure and medical records to a worker or union representative within 15 days of when a written request was made. Your employer must provide free copies or allow the records to be taken to be copied.

 

Material safety data sheets (MSDS)

In most states, employers must have information on chemicals they use in the workplace. This information usually comes from the company that makes the chemical and is found on a material safety data sheet, or MSDS.

The MSDS tells you the name of the product and who makes it. It lists the hazardous chemicals in the product and the known health effects, and whether or not it causes cancer or other serious diseases. The MSDS tells you how to store and handle the materials, and what to do in case of emergency as well as how to protect yourself from exposure. Chapter 5 gives more details on MSDSs.

 

Previous OSHA inspections

Your employer may have been inspected by OSHA or another state agency that enforces workplace or environmental safety laws. Ask your employer for reports or contact the agency directly.

 

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