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.

March 2, 1989

Mr. Aaron Gershonowitz
Rivkin, Radler, Dunne & Bayh
EAB Plaza
Uniondale, New York 11556-011

Dear Mr. Gershonowitz:

This is in response to your letter of October 5, 1988, regarding medical surveillance issues pursuant to the Occupational Safety and Health Administration's (OSHA) asbestos standard, 29 CFR 1910.1001 for general industry. Please accept my apology for the delay in response.

As Helen Li of my staff had indicated in her telephone conversation with you, 1) no periodic (annual) exams are required for employees whose jobs no longer subject them to asbestos exposure, and 2) that a medical exam is still required for all employees at termination of employment, except those who have had a medical exam in accordance with paragraphs 1910.1001(l)(2) - 1910.1001(l)(4) within the past one year period.

Under OSHA's asbestos standard for the construction industry, [29 CFR 1926.1101], which would apply to maintenance workers, no periodic exams are required for those no longer exposed to asbestos. In addition, no medical examination is required at termination of employment.

If we can be of further assistance, please feel free to contact us.

Sincerely,


Thomas J. Shepich, Director
[Directorate of Enforcement Programs]

[Corrected 6/5/2005]