EXECUTIVE SUMMARY
OCCUPATIONAL SAFETY AND HEALTH
APPEALS BOARD

Summary of San Francisco Opera Association – Decision After Reconsideration

The Division issued a citation to Employer alleging a regulatory violation of section 14308(b) [employee access to the log and summary of occupational injuries and illnesses (log 200)]. Employer appealed the citation, contesting the reasonableness of the time to abate the violation. The appeal was granted. An affected employee petitioned the Board to reconsider the ALJ’s decision. The petition requested that Employer be required to furnish the list of names of employees on the Log 200 to abate the violation. The Board disagreed. Under prior Board precedent, employees have a right of privacy to medical information maintained in the Log 200, and there is a less intrusive alternative available to serve the employee’s interests by providing the Log with the names redacted. Accordingly, the Board affirmed the ALJ’s decision granting Employer’s appeal.

San Francisco Opera Association, 00-2411 (MS Word)
San Francisco Opera Association, 00-2411 (Adobe Acrobat)

May 29, 2003