OSHA

Employers are responsible for maintaining records in their possession (e.g., the PLHCP’s written medical opinion for the employer described in paragraph (h)(6)). Employers are also responsible for ensuring the retention of records in the possession of the PLHCP (e.g., the written medical report for the employee described in paragraph (h)(5)). An employer can fulfill this second obligation by including the retention requirement in the agreement between the employer and the PLHCP or by otherwise specifically communicating to the PLHCP the substance of OSHA’s record-retention requirements. See 81 Fed. Reg. at 16854.