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MSHA Can Audit Records


MSHAredJune 3, 2012 – In an important decision that could impact aggregates producers, by a four-to-one vote the Review Commission upheld the right of MSHA to inspect and copy employee medical records held by mining companies.  The decision involved consolidated appeals of several mining companies where MSHA sought “medical records, doctors slips, worker compensation filings, sick leave requests and reports, emergency medical claims forms related to accidents, injuries or illnesses that occurred at the mine or may have resulted from work at the mine” for purposes of an MSHA audit. MSHA maintained the information was necessary to accurately audit the mine company’s accident reports. Rock Products health and safety columnist Ellen Smith is following this development closely, and will report on it in the next issue of the magazine.