23-427. Employer recordkeeping

A. Each employer shall make, keep and preserve, and make available to the commission such records regarding his activities relating to this article as the commission may prescribe by regulations as necessary or appropriate for the enforcement of this article or for developing information regarding the causes and prevention of occupational accidents and illnesses. In order to carry out the provisions of this subsection such regulations may include provisions requiring employers to conduct periodic inspections. The commission 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 article including the provisions of applicable standards.

B. The commission 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 commission 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 section 23-410. Such regulations shall provide employees or their representatives with an opportunity to observe such monitoring or measuring and to have access to the records thereof. Such regulations shall also make appropriate provision for each employee or former employee to have access to such records as will indicate his 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 occupational safety and health standard promulgated under section 23-410 and shall inform any employee who is being thus exposed of the corrective action being taken.

D. Any information obtained by the commission under this article 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, with concern for the required federal information.

E. No recordkeeping or information requirements promulgated by the commission shall eliminate an employer's responsibility under the federal law to provide information required by the secretary of labor.