[Code of Federal Regulations]
[Title 5, Volume 1, Parts 1 to 699]
[Revised as of January 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR293.504]

[Page 96-97]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
                CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT
 
PART 293--PERSONNEL RECORDS--Table of Contents
 
             Subpart E--Employee Medical File System Records
 
Sec. 293.504  Composition of, and access to, the Employee Medical File System.

    (a) All employee occupational medical records (which exclude 
employee assistance/counseling, patient, non-personal, and 
epidemiological records) whether they are maintained in an automated, 
microform, or paper mode, and wherever located in the agency,

[[Page 97]]

are part of the EMFS. The records maintained in the EMFS are part of a 
Governmentwide Privacy Act system of records established by the Office. 
Agencies have the responsibility to ensure that such documents are 
maintained in accordance with the Office's Privacy Act regulations in 
part 297 of this chapter, with the agency's instructions implementing 
those regulations, and with the retention schedule for employee medical 
records stipulated in Sec. 293.511. While non-occupational/patient 
records pertaining to an employee are not required to be included as a 
record within the EMFS, under certain conditions to be discussed in 
subsequent FPM guidance, copies of such records are occupationally-
related and, in those cases, may be included in the system.
    (b) Agencies must provide employees access to their own EMFS records 
consistent with Office regulations contained in Sec. 297.204(c) of this 
chapter. When unexcepted access can be provided directly to the 
employee, such unexcepted access must also be provided to any 
representative specifically designated in writing by the employee to 
receive the record. Disclosure of an employee's occupational medical 
records to agency officials (both medical and non-medical) will be 
granted only when the specific information sought is needed for the 
performance of official duties.
    (c) Other agencies for employee occupational medical records made to 
the custodian of the records must be processed in accordance with the 
disclosure provisions of the Privacy Act (5 U.S.C. 552a(b)) and the 
Office's regulations at part 297 of this chapter.
    (d) Processing of a Privacy Act request for amendment of any EMFS 
record must be consistent with the Office's regulations contained in 
part 297 of this chapter regarding amendment of records.