Some Clarity For Silica Compliance
Ever since the new rule for crystalline silica initially went into effect in 2017, OSHA has been attempting to clear up any questions about compliance.
Last week, the administration published a new silica standard FAQ to provide some clarity. The new FAQs were formed after consulting with general industry and union stakeholders.
The goal of the new silica standard FAQ is to provide further guidance to both employers and employees on the silica standard’s requirements.
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Specific areas include: Exposure assessments, regulated areas, methods of compliance, and communication silica hazards to employees.
The general industry standard requires employers to make medical surveillance available at no cost. It should also be offered at a reasonable time and place, and to any employee who will be exposed to respirable crystalline silica at or above the permissible exposure limit.
Common Silica Standard FAQ
Here are five frequently asked questions recently published by OSHA regarding medical surveillance for the crystalline silica rule:
Q: Does the silica standard preclude in-house health care providers from performing the required medical surveillance examinations?
A: No. For initial and periodic examinations, employers may choose to use any health care provider that meets the definition of a PLHCP in paragraph (b) of the standard, including a qualified in-house health care professional.
Q: Under the standard, can an employer require employees who participate in medical surveillance to see a health care professional of the employer’s choice?
A: Yes, the silica standard permits employers to select a health care professional to perform the medical examinations. Employers must ensure that these medical exams are performed by a PLHCP.
Q: Does the standard require employees to participate in medical surveillance?
A: No, the standard only requires employers to make medical surveillance available to qualifying employee. The employer must offer the examination fairly and in good faith, at no cost to employees, and at a reasonable time and place.
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Q: Although the standard does not require employees to participate in medical surveillance, can an employer make such participation mandatory?
A: Nothing in the silica standard precludes an employer from requiring participation in medical surveillance programs, as appropriate under other applicable laws or collective bargaining agreements.
Q: 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. Is the employer also prohibited from receiving any of this information from an outside source, such as via a workers’ compensation claim?
A: 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.
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