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?

The standard does not preclude employers from offering employees a second medical surveillance examination that meets the requirements of paragraph (h). However, if any of the written medical opinions provided to the employer as a result of the first or subsequent medical surveillance examinations contains a statement that the employee should be examined by a specialist, or a statement that the employee should receive more frequent periodic examinations, then the employer must make the required examination available, in accordance with 29 C.F.R.
§ 1926.1153(h)(7) or (h)(3), respectively. Any second examination must also be provided at a reasonable time and place and at no cost to employees, and the restrictions on information that can be provided to the employer without the employee’s authorization would apply equally to the second written medical opinion.