If a PLHCP recommends that an employee see a specialist, but the employee does not authorize the PLHCP to include that recommendation in the written medical opinion for the employer, does the employer need to make the specialist examination available? Read More If a PLHCP recommends that an employee see a specialist, but the employee does not authorize the PLHCP to include that recommendation in the written medical opinion for the employer, does the employer need to make the specialist examination available?
Paragraph (h) requires employers to make an initial (baseline) medical examination available to each employee required to wear a respirator for 30 or more days per year, unless the employee has received an examination that meets the requirements of the standard within the last three years. Can an employer rely on an employee’s verbal statement that he or she has already received such an examination? Read More Paragraph (h) requires employers to make an initial (baseline) medical examination available to each employee required to wear a respirator for 30 or more days per year, unless the employee has received an examination that meets the requirements of the standard within the last three years. Can an employer rely on an employee’s verbal statement that he or she has already received such an examination?
Can an employer send an employee for a second opinion after receiving the PLHCP’s written medical opinion for the employee’s initial or periodic medical surveillance examination? Read More Can an employer send an employee for a second opinion after receiving the PLHCP’s written medical opinion for the employee’s initial or periodic medical surveillance examination?
Although the standard does not require employees to participate in medical surveillance, can an employer make such participation mandatory? Read More Although the standard does not require employees to participate in medical surveillance, can an employer make such participation mandatory?
Does the standard require employees to participate in medical surveillance? Read More Does the standard require employees to participate in medical surveillance?
Under the standard, can an employer require employees who participate in medical surveillance to see a health care professional of the employer’s choice? Read More Under the standard, can an employer require employees who participate in medical surveillance to see a health care professional of the employer’s choice?
The silica standard limits the information that can be included in a PLHCP’s or specialist’s written medical opinion for the employer without the employee’s written consent. See 29 C.F.R. § 1926.1153(h)(6)(ii), (7)(iv). Does the standard prohibit an employer from receiving any of the information described in 29 C.F.R. § 1926.1153(h)(6)(ii) from sources outside of the medical surveillance examination process, such as via a workers’ compensation claim? Read More The silica standard limits the information that can be included in a PLHCP’s or specialist’s written medical opinion for the employer without the employee’s written consent. See 29 C.F.R. § 1926.1153(h)(6)(ii), (7)(iv). Does the standard prohibit an employer from receiving any of the information described in 29 C.F.R. § 1926.1153(h)(6)(ii) from sources outside of the medical surveillance examination process, such as via a workers’ compensation claim?
Does the silica standard preclude in-house health care providers from performing the required medical surveillance examinations? Read More Does the silica standard preclude in-house health care providers from performing the required medical surveillance examinations?
Does the standard require employers to count any day during which an employee is required to use a respirator, for any amount of time, as a day of respirator use for purposes of applying the 30-day trigger for medical surveillance? Read More Does the standard require employers to count any day during which an employee is required to use a respirator, for any amount of time, as a day of respirator use for purposes of applying the 30-day trigger for medical surveillance?
Does the competent person have to be on site at all times? Read More Does the competent person have to be on site at all times?
