N.Y. Public Health Law 4803 – Records and reports
§ 4803. Records and reports. 1. Upon request by the commissioner, employers shall provide to the commissioner copies of employee health and exposure records maintained and supplied to the federal government by employers as mandated under the following federal statutes and regulations except as access by third parties may be limited therein:
Terms Used In N.Y. Public Health Law 4803
- Employer: means any individual, partnership, corporation or association engaged in a business who has employees including the state and its political subdivisions. See N.Y. Public Health Law 4801
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Toxic substance: means any substance which is listed in the latest printed edition of the National Institute for Occupational Safety and Health Registry of Toxic Effects of Chemical Substances or has yielded positive evidence of acute or chronic health hazards in human, animal or other biological testing. See N.Y. Public Health Law 4801
(a) Toxic Substances Control Act;
(b) Occupational Safety and Health Act;
(c) Environmental Pesticide Control Act; and
(d) Nuclear Regulatory Commission, 10CFR section 20.102-20.409.
2. Upon request by the commissioner employers shall provide the names and addresses of present and former employees whenever the commissioner determines that there is a health risk or disease relating to the exposure of employees to a toxic substance or toxic substances.
3. The commissioner shall not release any information with identifying names. The commissioner may, however, publish analyses of such reports and information from time to time for scientific and public health purposes, in such a manner as to assure that the identities of the individuals concerned cannot be ascertained and that information protected by applicable trade secret law is not divulged.
4. The commissioner may require an employer to keep records of his employees' use of specific toxic substances when there is scientific evidence to question the efficacy of the current threshold limit values for those substances. Such records shall be held solely for the purpose of conducting epidemiologic research on occupational health.