4803 - Records and reports. - New York Statutes

§ 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: (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.