Section 325.51881. Recordkeeping.

Rule 31. (1) All of the following provisions pertain to records of exposure monitoring:

(a)    An employer shall establish and keep accurate records of all air monitoring for cadmium in the workplace.

(b)   Air monitoring records shall include, at a minimum, all of the following information:

(i)   The monitoring date, shift, duration, and results in terms of an 8-hour TWA of each sample taken and, if cadmium is not detected, the detection level.

(ii)    The name, social security number, and job classification of all employees who are monitored and of all other employees whose exposures the monitoring result is intended to represent, including, if applicable, a description of the justification that monitoring results of 1 employee can represent other employees’ exposures.

(iii)    A description of the sampling and analytical methods used and evidence of their accuracy.

(iv)   The type of respiratory protective device, if any, worn by the monitored employee and by any other employee whose exposure the monitoring result is intended to represent.

(v)   A notation of any other conditions that might have affected the monitoring results.

(vi)   Any exposure monitoring or objective data that were used and the exposure levels obtained. The provisions of this paragraph apply only to the construction industry.

(c)    An employer shall maintain these records for not less than 30 years as set in accordance with Occupational Health Standard Part 470 “Employee Medical Records and Trade Secrets,” as referenced in R 325.51851a.

(d)    This subdivision applies only to the construction industry. An employer shall provide a copy of the results of an employee’s air monitoring prescribed in R 325.51854 and R 325.51855 to an industry trade association and to the employee’s union, if any. If neither the association nor the union exists, monitoring results shall be furnished to another comparable organization which is competent to maintain such records and which is reasonably accessible to employers and employees in the industry.

(2)     This subrule applies to objective data used to exempt an employer from the requirements to perform initial monitoring as provided in R 325.51855(3). For the purposes of these rules, “objective data” means information which demonstrates that a particular product or material that contains cadmium, or a specific process, operation, or activity that involves cadmium, cannot release dust or fumes in concentrations at or above the action level even under the worst-case release conditions. Objective data can be obtained  from  an  industry-wide   study or  from  laboratory product  testing results  for

manufacturers of cadmium containing products or materials. The data the employer uses from an industry-wide survey shall be obtained under workplace conditions closely resembling the processes, types of material, control methods, work practices, and environmental conditions in the employer’s current operations. An employer shall establish and maintain a record of the objective data for not less than 30 years.

(3)   All of the following provisions pertain to medical surveillance records:

(a)    An employer shall establish and maintain an accurate record for each employee covered by the medical surveillance requirements of R 325.51868(1) or (2).

(b)   The medical surveillance records shall include, at a minimum, all of the following information about the employee:

(i)   Name, social security number, and description of duties.

(ii)    A copy of the physician’s written opinions and an explanation sheet for biological monitoring results.

(iii)    A copy of the medical history, the results of any physical examination, and all test results that are required to be provided by these rules, including biological tests, X-rays, pulmonary function tests, and tests that have been obtained to further evaluate any condition that might be related to cadmium exposure.

(iv)   The employee’s medical symptoms that might be related to exposure to cadmium.

(v)     A copy of  the  information   that  is  provided   to  the  physician  as   required  by R 325.51874(1)(b) to  (e).

(c)    An employer shall ensure that medical records are maintained for the duration of employment plus 30 years as specified by Occupational Health Standard Part 470 “Employee Medical Records and Trade Secrets,” as referenced in R 325.51851a.

(4)   All of the following provisions pertain to the availability and transfer of records:

(a)  Except as otherwise provided for in these rules, access to all records that are required to be maintained by this rule shall be in compliance with Occupational Health Standard Part 470 “Employee Medical Records and Trade Secrets,” as referenced in R 325.51851a.

(b)    Within 15 days after a request, an employer shall make an employee’s medical records that are required to be kept pursuant to subrule (3) of this rule available for examination and copying to the subject employee, to a designated representative, or to anyone who has the specific written consent of the subject employee and, after the employee’s death or incapacitation, to the employee’s family members.

(c)    When an employer ceases to do business and there is no successor employer to receive and retain records for the prescribed period or the employer intends to dispose of any records that are required to be preserved for not less than 30 years, then the employer shall comply with the requirements concerning the transfer of records set forth in Occupational Health Standard Part 470 “Employee Medical Records and Trade Secrets,” as referenced in R 325.51851a.

(5)   An employer shall ensure that any abnormal condition or disorder that is caused by occupational exposure to cadmium in the workplace is properly recorded in injury and illness records pursuant to Administrative Standard Part 11 “Recording and Reporting of Occupational Injuries and Illnesses,” as referenced in R 325.51851a.

History: 1993 AACS; 2013 AACS.