A COSHH health record is the record an employer in Great Britain must make and maintain for each worker under health surveillance for exposure to a substance hazardous to health, under regulation 11(3) of the Control of Substances Hazardous to Health Regulations 2002 (COSHH). The Health and Safety Executive (HSE), in its record-keeping guidance, describes it as “a legal record of the outcome of health surveillance.” It records who was exposed, to what, and whether they remain fit to be exposed, but not confidential clinical details unless the worker consents in writing.
What the regulations say
Regulation 11 of COSHH, which extends to England, Wales and Scotland, sets the duties:
- Health surveillance. Where appropriate to protect the health of employees who are, or are liable to be, exposed to a substance hazardous to health, the employer must ensure they are under suitable health surveillance (regulation 11(1)).
- The record. The employer must ensure that a health record, containing particulars approved by HSE, is made and maintained for each of those employees (regulation 11(3)).
- 40 years. The record, or a copy, must be kept available in a suitable form for at least 40 years from the date of the last entry made in it (regulation 11(3)).
- Access. On reasonable notice, the employer must allow an employee access to their personal health record, and must provide the appropriate authority with copies it requires (regulation 11(4)(a) and (b)).
- Ceasing to trade. An employer that ceases to trade must notify HSE in writing straight away and make all health records available to it (regulation 11(4)(c)).
Retention periods in other countries are compared in how long to keep occupational health records.
What goes in it, and what stays out
HSE’s record-keeping guidance says health records must contain:
- The worker’s details
- Where they work
- The hazards they have been exposed to
- Their fitness to continue to be exposed to those hazards
The health record should not contain confidential medical details unless the worker has given written consent. HSE also calls it good practice to offer workers a copy of their health record when they leave or if the business ceases trading. HSE’s COSHH guidance adds that the service provider must supply general information for the employer to keep up-to-date health records, and that the clinical outcomes from health surveillance are personal.
Health record vs medical record
HSE separates two kinds of record. The health record is held by the employer. Medical records, which may include confidential clinical notes, test results and more general details about a worker’s health, must be kept in medical confidence by the occupational health professional responsible for the health surveillance scheme. Employers can only access them with the worker’s written consent, and if the occupational health provider changes, HSE says paper and electronic medical records should be transferred to the new provider.
In MyC’s occupational health EHR, the fitness-to-work outcome is shared with HR, health and safety teams and managers, while the medical basis stays confidential.
Related terms
- Health surveillance: Health surveillance is a program of repeated health assessments for workers still exposed to a hazard after controls, to identify ill health caused by work.
- Fitness-to-work: Fitness-to-work is an assessment of whether a worker's health lets them do a specific job safely, without danger to their own health or that of others.
- Employee medical record: Employee medical record, under OSHA 29 CFR 1910.1020, means a record of an employee's health status made or kept by a physician, nurse or health care staff.
- Similar exposure group (SEG): A similar exposure group (SEG) is a group of workers expected to share the same exposure profile, used to plan monitoring and read surveillance results.