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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.