TITLE 28

Labor and Labor Relations

CHAPTER 28-20

Division of Occupational Safety

SECTION 28-20-11



   § 28-20-11  Record keeping requirements.

–

(a) Each employer shall make, keep, preserve, and furnish to the director any

records regarding his or her activities relating to this chapter that the

director, in cooperation with the United States secretary of labor and the

United States secretary of health, education and welfare, or their successors,

may prescribe by regulation as necessary or appropriate for the enforcement of

this chapter or for developing information regarding the causes and prevention

of occupational accidents and illnesses. In order to carry out the provisions

of this subsection, the regulations may include provisions requiring employers

to conduct periodic inspections. The director shall also issue regulations

requiring that employers, through posting of notices or other appropriate

means, keep their employees informed of their protections and obligations under

this chapter, including the provisions of applicable codes.



   (b) The director of labor and training, in cooperation with

the director of health, shall prescribe regulations requiring employers to

maintain accurate records of, and to make periodic reports on, work related

deaths, injuries, and illnesses other than minor injuries requiring only first

aid treatment and which do not involve medical treatment, loss of

consciousness, restriction of work or motion, or transfer to another job.



   (c) The director of labor and training, in cooperation with

the director of health, shall issue regulations requiring employers to maintain

accurate records of employee exposures to potentially toxic materials or

harmful physical agents which are required to be monitored or measured under

the provisions of this chapter and of § 23-1.1-7. Those regulations shall

provide employees or their representatives with an opportunity to observe the

monitoring or measuring, and to have access to the records of the monitoring or

measuring. Those regulations shall also make appropriate provision for each

employee or former employee to have access to any records that will indicate

his or her own exposure to toxic materials or harmful physical agents. Each

employer shall promptly notify any employee who has been or is being exposed to

toxic materials or harmful physical agents in concentrations or at levels which

exceed those prescribed by an applicable safety or health code promulgated

under this chapter, and shall inform any employee who is being exposed of the

corrective action being taken.



   (d) Any information obtained by the director or any other

state agency under this chapter shall be obtained with a minimum burden upon

employers, especially those operating small businesses. Unnecessary duplication

of efforts in obtaining information shall be reduced to the maximum extent

feasible.



History of Section.

(P.L. 1973, ch. 260, § 2.)