[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: 5CFR293.505]

[Page 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. 293.505  Establishment and protection of Employee Medical Folder.

    (a) As required by these rules, agencies must establish an EMF when 
the employee leaves the employing agency and occupational medical 
records for that employee exist; agencies may also establish an EMF (if 
none presently exists) for active employees if the agency chooses. An 
agency must request the transfer of an existing EMF (and maintain that 
EMF as received) at the same time it requests the transfer of an 
employee's OPF using the procedures contained in Sec. 293.306.
    (b) Neither the original occupational medical record nor duplicates 
are to be retained in the OPF. Prior to the establishment of an EMF for 
a separating employee, when such records are created, they must be 
maintained physically apart from the OPF, although they may be kept in 
the same office.
    (c) Records in an EMF, whether or not located in an office other 
than where the OPF is maintained, must be properly safeguarded using 
procedures ensuring equal or greater levels of protection as those in 
Sec. 293.106. Disclosures must be made only to those authorized to 
receive them, as described in Sec. 293.504(b), and employees must be 
able to ascertain from agency implementing instructions the location of 
all of their medical records. An EMF must be under the control of a 
specifically designated medical, health, safety, or personnel officer as 
prescribed in the agency's implementing internal procedures.