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DOL/OSHA RIN: 1218-AD32 Publication ID: Spring 2020 
Title: ●Chemical-Specific Health Standards: Revisions to Medical Surveillance Provisions for Medical Removal Protection 

Eighteen OSHA chemical-specific health rules include medical surveillance provisions.  These rules require employers to provide medical exams including specified elements (e.g., lung function tests, chest X-rays) to eligible employees.  Medical surveillance is intended to determine if the employee:  (1) has a health condition related to the regulated chemical; (2) has a health condition that would result in increased risk of adverse health effects from exposure to the regulated chemical; and (3) is able to wear a respirator.

Seven of these rules (lead, benzene, formaldehyde, methylenedianiline, cadmium, methylene chloride, and beryllium) include provisions for medical removal protection (MRP).  MRP is intended to encourage employee participation in medical surveillance by ensuring that the employee’s earnings, benefits, and seniority will be maintained for a period of time if the health care professional administering the exam recommends removal from exposure to protect the employee’s health. OSHA rules that include MRP are inconsistent with regard to how MRP is addressed for permanent conditions, duration of MRP benefits, and multiple physician review.

OSHA is considering revising these provisions to improve consistency in the application of MRP and to ensure that the requirements remain effective.

Agency: Department of Labor(DOL)  Priority: Other Significant 
RIN Status: First time published in the Unified Agenda Agenda Stage of Rulemaking: Long-Term Actions 
Major: Undetermined  Unfunded Mandates: No 
EO 13771 Designation: Other 
CFR Citation: 29 CFR 1910.1001    29 CFR 1910.1017    29 CFR 1910.1018    29 CFR 1910.1024 to 1029    29 CFR 1910.1043 to 1045    29 CFR 1910.1047 and 1048    29 CFR 1910.1050 to 1053    29 CFR 1915.1001    29 CFR 1915.1024 and 1026    29 CFR 1926.62    29 CFR 1926.1101 and 1124    29 CFR 1926.1126 and 1127    29 CFR 1926.1153   
Legal Authority: 29 U.S.C. 655(b)   
Legal Deadline:  None
Action Date FR Cite
NPRM  04/00/2022 
Regulatory Flexibility Analysis Required: Undetermined  Government Levels Affected: Undetermined 
Federalism: Undetermined 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
Maureen Ruskin
Deputy Director, Directorate of Standards and Guidance
Department of Labor
Occupational Safety and Health Administration
200 Constitution Avenue NW, FP Building, Room N-3718,
Washington, DC 20210
Phone:202 693-1950