Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-802 - Employee medical and exposure records › Section 296-802-099 - Definitions Access

Current through Register Vol. 24-14, July 15, 2024
The right and opportunity to examine and copy an employee
				record.
Analysis using exposure or medical records.
Any
				collection of data or a statistical study based on either:
(a) Information from individual employee exposure or medical
				records; or
(b) Information collected from health insurance claim
				records.
Designated representative.
(a) Any individual or organization to which an employee gives
				written authorization.
(b) A recognized or certified collective bargaining agent
				without regard to written employee authorization.
(c) The legal representative of a deceased or legally
				incapacitated employee.
Employee exposure record.
A record containing any
				of the following kinds of information:
(a) Environmental (workplace) monitoring or measuring of a
				toxic substance or harmful physical agent, including personal, area, grab,
				wipe, or other form of sampling, as well as related collection and analytical
				methodologies, calculations, and other background data relevant to
				interpretation of the results obtained.
(b) Biological monitoring results which directly assess the
				absorption of a toxic substance or harmful physical agent by body systems (such
				as the level of a chemical in the blood, urine, breath, hair, or fingernails)
				but not including results which assess the biological effect of a substance or
				agent or which assess an employee's use of alcohol or drugs.
(c) Safety data sheets indicating that the material may pose a
				hazard to human health; or
(d) In the absence of the above:
(i) A chemical inventory or any other record that reveals where
				and when used and the identity (e.g., chemical, common or trade name) of a
				toxic substance or harmful physical agent.
(ii) Exposure records of other employees with past or present
				job duties or related working conditions.
Employee medical record.
(a) A record concerning the health status of an employee which
				is made or maintained by a physician, nurse, or other health care personnel, or
				technician, including:
(i) Medical and employment questionnaires or histories
				(including job description and occupational exposures).
(ii) The results of medical examinations (preemployment,
				preassignment, periodic, or episodic) and laboratory tests (including chest and
				other X-ray examinations taken for purposes of establishing a baseline or
				detecting occupational illness, and all biological monitoring not defined as an
				"employee exposure record").
(iii) Medical opinions, diagnoses, progress notes, and
				recommendations.
(iv) First-aid records.
(v) Descriptions of treatments and prescriptions.
(vi) Employee medical complaints.
(b)An employee medical record does
not
include any
				of these types of medical information:
(i) Physical specimens (for example, blood or urine samples),
				which are routinely discarded as a part of normal medical practice.
(ii) Records concerning health insurance claims if maintained
				separately from the employer's medical program and its records, and not
				accessible to the employer by employee name or other direct personal
				identifier, such as Social Security number or payroll number.
(iii) Records created solely in preparation for litigation that
				are privileged from discovery under applicable rules of procedure or
				evidence.
(iv) Records concerning voluntary employee assistance programs,
				such as alcohol, drug abuse, or personal counseling programs, if maintained
				separately from the employer's medical program and records.
Exposure or exposed.
The contact an employee has
				with a toxic substance, harmful physical agent or oxygen deficient condition.
				Exposure can occur through various routes, such as inhalation, ingestion, skin
				contact, or skin absorption.
First aid.
Any of the following are considered
				first aid:
(a) Using a nonprescription medication at nonprescription
				strength.
(b) Administering tetanus immunizations. Other immunizations,
				such as Hepatitis B vaccine or rabies vaccine, are considered medical
				treatment.
(c) Cleaning, flushing or soaking wounds on the surface of the
				skin.
(d) Using wound coverings such as bandages, Band-Aids", or
				gauze pads.
(e) Using butterfly bandages or Steri-Strips".
(f) Using hot or cold therapy.
(g) Using any nonrigid means of support, such as elastic
				bandages, wraps, or nonrigid back belts.
(h) Using temporary immobilization devices, such as splints,
				slings, neck collars, or back boards, while transporting an accident
				victim.
(i) Drilling a fingernail or toenail to relieve
				pressure.
(j) Draining fluid from a blister.
(k) Using eye patches.
(l) Removing foreign bodies from the eye using only irrigation
				or a cotton swab.
(m) Removing splinters or foreign material from areas other
				than the eye by irrigation, tweezers, cotton swabs or other simple
				means.
(n) Using finger guards.
(o) Using massages.
(p) Drinking fluids for relief of heat stress.
Harmful physical agent.
Any physical stress such
				as noise, vibration, repetitive motion, heat, cold, ionizing and nonionizing
				radiation, and hypo- or hyperbaric pressure which:
(a) Is listed in the latest edition of the National Institute
				for Occupational Safety and Health (NIOSH)
Registry of Toxic Effects of
				Chemical Substances
(RTECS); or
(b) Has shown positive evidence of an acute or chronic health
				hazard in testing conducted by, or known to, the employer; or
(c) Is the subject of a safety data sheet kept by or known to
				the employer showing that the material may pose a hazard to human
				health.
Health professional.
A physician, occupational
				health nurse, industrial hygienist, toxicologist, or epidemiologist, who
				provides medical or other occupational health services to exposed
				employees.
Record.
Any item, collection, or grouping of
				information. Examples include:
(a) Paper document.
(b) Microfiche.
(c) Microfilm.
(d) X-ray film.
(e) Computer record.
Specific chemical identity.
Any other information
				that reveals the precise chemical designation of the substance, such as:
(a) Chemical name; or
(b) Chemical abstracts service (CAS) registry number.
Specific written authorization.
A written
				authorization containing at least the following:
(a) The name and signature of the employee authorizing the
				release of medical information.
(b) The date of the written authorization.
(c) The name of the individual or organization that is
				authorized to release the medical information.
(d) The name of the designated representative (individual or
				organization) that is authorized to receive the information.
(e) A general description of the medical information that is
				authorized to be released.
(f) A general description of the purpose for the release of the
				medical information.
(g) A date or condition upon which the written authorization
				will expire.
Toxic substance.
Any chemical substance or
				biological agent, such as bacteria, virus, and fungus, which is any of the
				following:
(a) Listed in the latest edition of the National Institute for
				Occupational Safety and Health (NIOSH)
Registry of Toxic Effects of
				Chemical Substances
(RTECS).
(b) Shows positive evidence of an acute or chronic health
				hazard in testing conducted by, or known to, the employer.
(c) The subject of a safety data sheet kept by or known to the
				employer showing the material may pose a hazard to human health.
Trade secrets.
Any confidential information that
				is used in an employer's business and gives an opportunity to gain an advantage
				over competitors who do not know or use it. It can be a:
(a) Formula.
(b) Pattern.
(c) Process.
(d) Device.
(e) Information.
(f) Collection of information.