N.Y. Comp. Codes R. & Regs. tit. 12 § 801.35

Current through Register Vol. 46, No. 45, November 2, 2024

Section 801.35 - Employee involvement

(a) The employer's employees and their representatives must be involved in the recordkeeping system in the following ways:

(1) the employer must inform each employee of how he or she is to report an injury or illness to the employer;

(2) the employer must provide limited access to its injury and illness records for its employees and their representatives by:

(i) When an employee, former employee, personal representative, or authorized employee representative asks for copies of the employer's current or stored SH 900 log(s) for an establishment the employee or former employee has worked in, the employer must give the requester a copy of the relevant SH 900 log(s) by the end of the next business day.

(ii) The employer must leave the names on the SH 900 log. However, to protect the privacy of injured and ill employees, the employer may not record the employee's name on the SH 900 log for certain privacy concern cases, as specified in section 801.29(b) and (c) of this Part.

(iii) When an employee, former employee, or personal representative asks for a copy of the SH 900.2 incident report describing an injury or illness to that employee or former employee, the employer must give the requester a copy of the SH 900.2 incident report containing that information by the end of the next business day.

(iv) When an authorized employee representative asks for copies of the SH 900.2 incident reports for an establishment where the agent represents employees under a collective bargaining agreement, the employer must give copies of those forms to the authorized employee representative within seven calendar days. The employer is only required to give the authorized employee representative information from the SH 900.2 incident report section titled information about the case. The employer must remove all other information from the copy of the SH 900.2 incident report or the equivalent substitute form that the employer gives to the authorized employee representative.

(v) The employer may not charge for these copies the first time they are provided. However, if one of the designated persons asks for additional copies, the employer may assess a reasonable charge for retrieving and copying the records.

N.Y. Comp. Codes R. & Regs. Tit. 12 § 801.35