N.J. Admin. Code § 8:59-8.5

Current through Register Vol. 56, No. 24, December 18, 2024

Section 8:59-8.5 - Employee health and exposure records

(a) Within 30 days of a request by the Department, an employer shall provide the Department copies of employee health and exposure records, including those maintained for, and supplied to, the Federal government.

(b) Within 10 days of a Department request for employee medical records that include the individuals' names, the employer shall grant the Department access to the employees, either in person or by supplying home addresses, in order to request permission to review their medical records.

(c) An employer that wishes to file a trade secret claim for the name of a substance on employee health and exposure records may do so. Said employer shall contact the Department for instruction regarding the filing of such a claim.

(d) The use of the employee health and exposure records obtained pursuant to (a) and (b) above is not limited to the evaluation of an employee's health and exposure to hazardous substances. The information obtained will be used in epidemiological studies to determine the impact of hazardous substances on worker and community populations. The study of worker exposure to a hazardous substance indicates the health effect of that substance on a person, whether that person is in the workplace or in the community. Such data from health and exposure records are necessary for determining the health effects to community residents from hazardous substances.

(e) The Commissioner's authority to obtain employee health and exposure records on behalf of the public's health is further set forth in N.J.S.A. 26:1A-16 and N.J.S.A. 26:1A-37.

N.J. Admin. Code § 8:59-8.5

Amended by 50 N.J.R. 1036(a), effective 3/19/2018