Louisiana Revised Statutes 23:1016 – Workers exposed to toxic substances; rights
Terms Used In Louisiana Revised Statutes 23:1016
- Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
A. It is the policy of the state of Louisiana to support the right of workers exposed to toxic substances to obtain information concerning the nature of those substances and consequential adverse health effects. Therefore, any current or former employee or his designated representative shall have a right of access to employer’s records of employee exposures to potentially toxic materials or harmful physical agents and employee medical records and any analyses using employee exposure or medical records as provided for in 29 U.S.C. § 657 and in 29 C.F.R. § 1910.20, “Access to Employee Exposure and Medical Records”.
B. Denial of a request for access by an employee or his designated representative shall give rise to a cause of action under the laws of this state to enforce the provisions of this Section.
C. If it becomes necessary for an employee to file a lawsuit to enforce his rights under this Section, he shall be entitled to recover reasonable attorney’s fees and costs in addition to access to the records and analyses requested.
Acts 1993, No. 876, §1.