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?

No. The standard limits only the information that can be included in the PLHCP’s or specialist’s written medical opinion for the employer following an examination offered to an employee for purposes of compliance with the medical surveillance provisions of the standard. If an employer uses the same individual or entity to manage medical surveillance and workers’ compensation records, there must be separate procedures for maintaining and managing the separate sources of information.

October 2018

Tags: OSHA, Medical surveillance