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13) Provisions for Medical Consultation and Examinations

13.1 - OSHA Requirement [42]

All employees who work with hazardous chemicals must be given the opportunity to receive medical attention, including any follow-up examinations which the examining licensed physician determines to be necessary under certain circumstances. Medical examinations and consultations must be provided without cost to the employee, without loss of pay and at a reasonable time and place. The employer must provide certain information to the physician, including the identity of the hazardous chemicals, a description of the conditions under which the exposure occurred, and a description of the signs and symptoms of exposure that the employee is experiencing.

13.2 - University Implementation of the OSHA Requirement [43]

a. The University will provide all workers using hazardous chemicals the opportunity to receive appropriate medical consultations and examinations, including follow-up examinations which the physician deems necessary, under any of the following circumstances:

i. Whenever the worker develops signs and symptoms associated with a hazardous chemical to which he or she may have been exposed.
ii. Whenever OSHA-regulated substances are measured above permissible exposure limits (PELs).
iii. When an event takes place in the work area (such as a spill, leak, or explosion) resulting in the likelihood of a hazardous exposure.

b. The medical examination and consultation must conform to the following rules:

i. It is performed by or under the direct supervision of a licensed physician. Every effort should be made to refer workers to licensed physicians who have been trained to recognize signs and symptoms of chemical-related exposure and disease. For this reason, a first choice of provider is the Center for Occupational and Environmental Medicine, Stony Brook Medical Park, phone 444-2167.
ii. It is provided at no cost to the worker.
iii. It is provided without loss of pay to the worker.
iv. It is performed at a reasonable time and place for the worker. Every effort should be made to schedule medical examinations and consultations during the worker's regularly scheduled work hours, provided there is no undue delay in medical attention.

c. Note: The worker may choose to forego the consultation and/or the examination.
d. If possible, the PI should provide to the examining physician the information listed below; in the PI's absence, the information may be provided by the lab worker him- or herself, or another knowledgeable individual.

i. The identity (preferably, generic and trade names) of the hazardous chemicals to which the worker may have been exposed, and if available, the MSDS references for these chemicals.
ii. A description of conditions under which the exposure occurred, including quantitative exposure data if available.
iii. A description of signs or symptoms of exposure experienced by the worker. In the event that the worker is unable to communicate, others in the lab may be able to recall symptoms either that they observed or that they know the worker complained of.


e. Within proximity of the exposure, other workers should be interviewed to determine if they experienced similar symptoms.
f. The University must obtain a written opinion from the examining physician. The written opinion must include the information on the following list. It must not reveal specific findings of diagnoses unrelated to occupational exposure.

i. Any recommendation for medical follow-up.
ii. Results of the medical examinations and associated tests.
iii. Any medical condition revealed in the course of the examination which may place the worker at increased risk as a result of exposure to hazardous chemicals.
iv. A statement confirming that the worker has been informed by the physician of the results of the consultation or examination, and of any medical condition that may require further examination or treatment.

g. Medical records will be kept by the EHS Chemical Hygiene Officer for 40 years. Medical records are confidential information and must be kept in a secured location.


References:

[42] OSHA Fact Sheets 01/01/1995. The OSHA standard is too lengthy to be reproduced in its entirety here, but may be found at the OSHA (29 CFR) Laboratory Standard website. Its provisions are closely reflected in the Implementation section.

[43] Adapted from the Stony Brook University CHP pp 64-65.