Do employees have a right of access to medical records in their EAP file?
The requirements of ยง1910.1020 do not apply to voluntary EAP records if maintained separately from the employer’s medical program and records. Question 4: Do employee designated representatives have a right of access to analyses of the results of employee drug testing where they have not been authorized by an individual employee, but where the size or nature of the tested population would tend to reveal the identity of a tested individual? Answer: No, employee designated representatives do not have a right of access to analyses using exposure or medical records where specific employees may be identified. Paragraph (e)(2)(iii)(B) requires that if any analysis reports the contents of employee medical records by either direct identifier or by information which could reasonably be used to identify specific employees, the employer must ensure that personal identifiers are removed before access is provided. If the employer can demonstrate that removal of personal identifiers is infeasible, t
