§ 95-143. Record keeping and reporting.
§95‑143. Record keeping and reporting.
(a) Each employer shallmake available to the Commissioner, or his agents, in such manner as theCommissioner shall require, copies of the same records and reports regardinghis activities relating to this Article as are required to be made, kept, orpreserved by section 8(c) of the Federal Occupational Safety and Health Act of1970 (P.L. 91‑596) and regulations made pursuant thereto.
(b) Each employer shallmake, keep and preserve and make available to the Commissioner such recordsregarding his activities relating to this Article as the Commissioner mayprescribe by regulation as necessary and appropriate for the enforcement ofthis Article or for developing information regarding the causes and preventionof occupational accidents and illnesses. In order to carry out the provisionsof this section such regulations may include provisions requiring employers toconduct periodic inspections. The Commissioner shall also issue regulationsrequiring that employers, through posting of notices or other appropriatemeans, keep the employees informed of their protections and obligations underthis Article, including the provisions of applicable standards. TheCommissioner shall prescribe regulations requiring employers to maintainaccurate records of, and to make reports at least annually on, work‑relateddeaths, injuries and illnesses other than minor injuries requiring only first‑aidtreatment and which do not involve medical treatment, loss of consciousness,restriction of work or motion, or transfer to another job.
(c) The Commissionershall issue regulations requiring employers to maintain accurate records ofemployee exposure to potentially toxic materials of [or] harmful physicalagents which are required to be monitored or measured under this Article. Suchregulations shall provide employees or their representatives with anopportunity to observe such monitoring or measuring, and to have access to therecords thereof. Such regulations shall also make appropriate provisions foreach employee or former employee to have access to such records as willindicate his own exposure to toxic materials or harmful physical agents. Eachemployer shall promptly notify any employee who has been or is being exposed totoxic materials or harmful physical agents in concentrations or at levels whichexceed those prescribed by an applicable safety and health standard promulgatedunder this Article and shall inform any employee who is being thus exposed ofthe corrective action being taken.
(d) Any informationobtained by the Commissioner or his duly authorized agents under this Articleshall be obtained with a minimum burden upon employers, especially thoseoperating small businesses. Unnecessary duplication of efforts in obtaininginformation shall be reduced to the maximum extent feasible. (1973,c. 295, s. 18; 1991 (Reg. Sess., 1992), c. 894, s. 1.)