# 29 C.F.R. § 2400.5 (2026): Special procedures for requesting medical records

> Federal · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/CFR_T29_P2400_S2400_5

## Section

- **Citation:** 29 C.F.R. § 2400.5 (2026)
- **Heading:** Special procedures for requesting medical records
- **Jurisdiction:** Federal
- **Kind:** Regulations
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Title 29 CFR: Labor / Chapter XX: OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION / Part 2400: REGULATIONS IMPLEMENTING THE PRIVACY ACT / § 2400.5: § 2400.5   Special procedures for requesting medical records.

## Text

(a) Upon an individual's request for access to any medical record about the requester, including any psychological record, the Privacy Officer shall make a preliminary determination on whether access to such record(s) could have an adverse effect upon the requester. If the Privacy Officer determines that access could have an adverse effect on the requester, OSHRC shall notify the requester in writing and advise that the record(s) at issue can be made available only to a physician of the requester's designation.
(b) OSHRC shall forward such record(s) to the physician designated by the requester once the following requirements are met:
(1) The requester has informed OSHRC of the designated physician's identity;
(2) OSHRC has verified the identity of the physician; and
(3) The physician has agreed to review the record(s) with the requester to both explain the meaning of the record(s) and offer counseling designed to temper any adverse reaction.
(c) If, within 60 calendar days of OSHRC's written request for a designation, the requester has failed to respond or designate a physician, or the physician fails to agree to the release conditions, then OSHRC shall hold the records(s) in abeyance and advise the requester that this action may be construed as a technical denial. OSHRC shall also advise the requester of his or her rights to administrative appeal and, thereafter, judicial review in a district court of the United States.

## Nearby sections

- [29 C.F.R. § 2400.1 (2026) § 2400.1   Purpose and scope.](https://www.frixlaw.com/law-library/statutes/CFR_T29_P2400_S2400_1.md)
- [29 C.F.R. § 2400.2 (2026) § 2400.2   Description of agency.](https://www.frixlaw.com/law-library/statutes/CFR_T29_P2400_S2400_2.md)
- [29 C.F.R. § 2400.3 (2026) § 2400.3   Delegation of authority.](https://www.frixlaw.com/law-library/statutes/CFR_T29_P2400_S2400_3.md)
- [29 C.F.R. § 2400.4 (2026) § 2400.4   Procedures for requesting notification of and access to personal records.](https://www.frixlaw.com/law-library/statutes/CFR_T29_P2400_S2400_4.md)
- [29 C.F.R. § 2400.5 (2026) § 2400.5   Special procedures for requesting medical records.](https://www.frixlaw.com/law-library/statutes/CFR_T29_P2400_S2400_5.md)
- [29 C.F.R. § 2400.6 (2026) § 2400.6   Procedures for amending personal records.](https://www.frixlaw.com/law-library/statutes/CFR_T29_P2400_S2400_6.md)
- [29 C.F.R. § 2400.7 (2026) § 2400.7   Procedures for appealing.](https://www.frixlaw.com/law-library/statutes/CFR_T29_P2400_S2400_7.md)
- [29 C.F.R. § 2400.8 (2026) § 2400.8   Procedures for statements of disagreement and notification of amendment.](https://www.frixlaw.com/law-library/statutes/CFR_T29_P2400_S2400_8.md)
- [29 C.F.R. § 2400.9 (2026) § 2400.9   Schedule of fees.](https://www.frixlaw.com/law-library/statutes/CFR_T29_P2400_S2400_9.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/CFR_T29_P2400_S2400_5. Check the current official text before relying on it. Not legal advice.