§ 850.39. Recordkeeping and use of information.
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/us/cfr/t10/s§ 850.39·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)The responsible employer must establish and maintain accurate records of all beryllium inventory information, hazard assessments, exposure measurements, exposure controls, and medical surveillance.
(b)Heads of DOE Departmental Elements must:
(1)Designate all record series as required under this rule as agency records and, therefore, subject to all applicable agency records management and access laws; and
(2)Ensure that these record series are retained for a minimum of seventy-five years.
(c)The responsible employer must convey to DOE or its designee all record series required under this rule if the employer ceases to be involved in the CBDPP.
(d)The responsible employer must link data on workplace conditions and health outcomes in order to establish a basis for understanding the beryllium health risk.
(e)The responsible employer must ensure the confidentiality of all work-related records generated under this rule by ensuring that:
(1)All records that are transmitted to other parties do not contain names, social security numbers or any other variables, or combination of variables, that could be used to identify particular individuals; and
(2)Individual medical information generated by the CBDPP is:
(i)Either included as part of the worker's site medical records and maintained by the SOMD, or is maintained by another physician designated by the responsible employer;
(ii)Maintained separately from other records; and
(iii)Used or disclosed by the responsible employer only in conformance with any applicable requirements imposed by the Americans with Disabilities Act, the Privacy Act of 1974, the Freedom of Information Act, and any other applicable law.
(f)The responsible employer must maintain all records required by this part in current and accessible electronic systems, which include the ability readily to retrieve data in a format that maintains confidentiality.
(g)The responsible employer must transmit all records generated as required by this rule, in a format that protects the confidentiality of individuals, to the Director, Office of Environment, Health, Safety and Security on request.
(h)The responsible employer must semi-annually transmit to the Office of Domestic and International Health Studies, Office of Environment, Health, Safety and Security an electronic registry of beryllium-associated workers that protects confidentiality, and the registry must include, but is not limited to, a unique identifier, date of birth, gender, site, job history, medical screening test results, exposure measurements, and results of referrals for specialized medical evaluations. [64 FR 68905, Dec. 8, 1999, as amended at 71 FR 68733, Nov. 28, 2006; 80 FR 5008, Jan. 30, 2015; 88 FR 41293, June 26, 2023] Editorial Note:At 80 FR 5008, Jan. 30, 2015, § 850.39 was amended; however, the amendment could not be incorporated due to inaccurate amendatory instruction.
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§ 850.39
Recordkeeping and use of information.
Fed. Reg.×3
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