Access to Employee Exposure and Medical Records questions for the ASP

Question 1

An employee asks to see her own medical records. The employer's physician believes that direct access to information about a specific diagnosis of a terminal illness in the file could be detrimental to her health. What may the employer lawfully do?

1. ARefuse access to the entire medical record until the employee obtains a court order
2. BDestroy the portion of the record containing the diagnosis
3. CRelease the information only to the employee's supervisor
4. DDeny direct access to that information only and offer access through a designated representative with specific written consent

Question 2

A plant's industrial hygienist has personal air-sampling results and the related calculations for a solvent used in the paint line. The recognized union that bargains for the paint-line workers asks in writing for copies of these results. None of the sampled workers has signed an authorization naming the union. How should the employer treat the request under the access standard?

1. ADeny it because only current employees, former employees, or their legal representatives may see exposure records.
2. BTreat the union as a designated representative and provide access without any written employee authorization.
3. CDeny it until every sampled worker signs a written authorization naming the union.
4. DGrant it only if a majority of the paint-line workers sign written authorizations.