Access by employees, former employees and their representatives to records of employers; charge for copies.
1. Employees, former employees and representatives of employees or former employees are entitled to access to any records in the possession of their employers or former employers which indicate their exposure to toxic materials or harmful physical agents. Employers and former employers shall, upon request, provide copies of the records to the employees, former employees or representatives within 72 hours after receipt of the request.
2. If a copy of a record is provided pursuant to this section, the first six pages reproduced pursuant to the request must be provided without charge. The charge for each additional page copied must not exceed the cost of reproduction.
3. For the purposes of this section, “representative of an employee or former employee” means:
(a) A person previously identified to the Division as an authorized representative of the employee bargaining unit of a labor organization which has a collective bargaining relationship with the employer and represents the affected employees.
(b) An attorney acting for an affected employee or former employee.
(c) The spouse, parent or child of an affected employee or former employee.
(d) Any person designated by a court to act as the official representative for the estate of an affected employee or former employee.
Last modified: February 25, 2006