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|DOL/OSHA||RIN: 1218-AD32||Publication ID: Fall 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: Previously 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)|
|Regulatory Flexibility Analysis Required: Undetermined||Government Levels Affected: Undetermined|
|Included in the Regulatory Plan: No|
|RIN Data Printed in the FR: No|
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