OSHA requirements are set by statute, standards and regulations. Our interpretation letters explain these requirements and how they apply to particular circumstances, but they cannot create additional employer obligations. This letter constitutes OSHA's interpretation of the requirements discussed. Note that our enforcement guidance may be affected by changes to OSHA rules. Also, from time to time we update our guidance in response to new information. To keep apprised of such developments, you can consult OSHA's website at https://www.osha.gov.

June 30, 1987

Mr. Michael Salyers:

This is in response to your letter of May 1, 1987, to Mr. David Smith, concerning medical surveillance requirements in the vinyl chloride standard, 29 CFR 1910.1017.

There is no indication in the vinyl chloride standard or its preamble that an employee must be exposed above the action level for at least some certain minimum number of days per year before the employer becomes obligated to afford the employee medical surveillance. Accordingly, employers must offer medical surveillance to any employee who is exposed at least one day per year above the action level for vinyl chloride.

As to the question of whether employers must afford medical surveillance to employees who once were but are not now exposed above the action level for vinyl chloride, the only insight is contained in the preamble to the vinyl chloride standard, which appeared in the Federal Register, Volume 39, Number 194, October 4, 1974, pages 35890-35896. On page 35895 the the following statement is made, "In these instances, medical surveillance of affected employees will provide baseline data for future evaluation of their health, even if both monitoring and medical surveillance are discounted because improved controls reduce concentrations below the action level." We deduce from the statement that employers need not offer medical surveillance to employees who once were but are not now exposed above the action level for vinyl chloride.

Provision 29 CFR 1910.1017(k)(2)(i) requires scheduling of medical surveillance examinations at least every 6 months for each employee who has been employed in vinyl chloride or polyvinyl chloride manufacturing for 10 years or longer. The provision is directed at employees who started working in vinyl chloride or polyvinyl chloride manufacturing plants 10 or more years prior to January 1, 1975, which is the effective date of the permanent vinyl chloride standard.

Prior to 1975 vinyl chloride contaminated much of the air in many vinyl chloride and polyvinyl chloride manufacturing plants and many of these plants did not do extensive employee exposure monitoring and recordkeeping. Hence the applicability of 29 CFR 1910.1017(k)(2)(i) hinges on whether or not the employee's first date of employment in vinyl chloride or polyvinyl chloride plants preceded January 2, 1965, and not on an accounting of whether or not the employee's number of days of actual exposure totaled 10 or more years.

Presently, 29 CFR 1910.1017(k)(2)(i) applies when the following conditions exist: (1) An employee is currently exposed above the action level for vinyl chloride and (2) the employee's first employment in vinyl chloride and/or polyvinyl chloride manufacturing plants preceded January 2, 1965.

We appreciate the opportunity to clarify this matter for you. If you have further questions please do not hesitate to contact us.

Sincerely,



Leo Carey, Director
Directorate of Field Coordination