Standard Interpretations - Table of Contents|
| Standard Number:||1910.1009|
Mar 28 1985
Honorable Carroll A. Campbell, Jr.
U.S. House of Representatives
Washington, D.C. 20515
Dear Congressman Campbell:
This is in response to your letter of March 4, on behalf of several constituents, regarding medical screening for employees previously exposed to beta-Naphthylamine.
The Occupational Safety and Health Administration (OSHA) standard for beta-Naphthylamine, 29 CFR 1910.1009, contains regulations covering medical surveillance, examinations and medical records. These requirements, however, do not apply to former employees and any medical surveillance or treatment of former employees is not regulated or required by OSHA. In addition, OSHA does not have a provision whereby employees may select a private physician to conduct the medical screening required by our standards. While OSHA regulations apply to the provision of certain medical tests by the employer in situations involving occupational health hazards, they do not govern the selection of a physician by the employer.
The State of South Carolina administers its own program of workplace safety and health standards, under the authority of section 18(b) of the Occupational Safety and Health Act. While the regulations promulgated under such a State program must be at least as effective as Federal OSHA standards, they may differ in some respects. For information on specific workplace standards for South Carolina, you may wish to contact:
Edgar L. McGowan, Commissioner
South Carolina Department of Labor
3600 Forest Drive
P. O. Box 11329
Columbia, South Carolina 29211
Telephone: (802) 758-2851
I hope this information clarifies the role of OSHA in regard to this issue. If we can be of further service to you, please feel free to contact us.
John B. Miles, Jr.