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However, the former rule combined the requirements governing both government no soliciting we have found Jesus please go away doormat inspectors’ and employers’ rights of access to the records into a single section, section 1904.7

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Adopting the inefficient access method suggested by these commenters would also place a substantial administrative burden on the employer, the employees, and the government. no soliciting we have found Jesus please go away doormat Further, since OSHA inspectors do not allow others to see the medical records they have accessed, the privacy of employees is not compromised by CSHO access to the records. This section of the final rule does not give unfettered access to the records by the public, but simply allows a government inspector to use the records during the course of a safety and health inspection. As discussed above in the section covering access to the records for employees, former employees, and employee representatives (Section 1904.35), OSHA does not consider the Forms 300 and 301 to be medical records,

for the following reasons. First, they do not have to be completed by a physician or other licensed health care professional. Second, they do not contain the detailed diagnostic and treatment information usually found in medical records. Finally, the injuries and illnesses found in the records are usually widely known among other employees at the workplace where the injured or ill worker works; in fact, these co-workers may even have witnessed the accident that gave rise to the injury or illness. Under the final rule, employers must provide a complete copy of any records required by Part 1904 to an authorized government representative, including the Form 300 , the Form 300A, the confidential listing of privacy concern cases along with the names of the injured or ill privacy case workers, and the Form 301 , when the representative asks for the records during a workplace safety and health inspection. This requirement is unchanged from the corresponding requirement in OSHA’s former recordkeeping rule.