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.
U.S. Department of Labor
Occupational Safety and Health Administration
Washington, D.C. 20210
Reply to the Attention of:
SEP 10 1990
MEMORANDUM FOR: REGIONAL ADMINISTRATORS
THRU: LEO CAREY Director
Office of Field Programs
STEVE MALLINGER Deputy Director
Directorate of Technical Support
FROM: THOMAS HALES, M.D. Acting Director
Office of Occupational Medicine
SUBJECT: 1. Accommodations for CSHOs not meeting the physical
examination criteria
2. Backlog for reviewing CSHO medical records
1. Accommodations for CSHOs not meeting the physical examination criteria
If your region has employees which do not fulfill the CSHO's physical examination criteria, it is the Regional Administrator's responsibility to submit an employee accommodation proposal to the Accommodations Review Committee. This committee, composed of representatives from Technical Support, Office of Occupational Medicine, Field Programs, Administrative Programs, and the Regional Administrator, votes to accept or deny the accommodation proposal. A letter notifying the region of the committee's decision will be sent from the Administrative Programs office to the appropriate region within one week.
It is important to note each accommodation proposal will be reviewed individually. Likewise, acceptance of a specific accommodation package is an individual decision. Although disqualifying medical conditions may be the same between employees, each employee will be required to have their own accommodation proposal. Under the current CSHO physical examination program, there are no "waivers" for individuals not meeting the medical criteria.
2) Backlog for reviewing CSHO medical records
The Office of Occupational Medicine is aware of the backlog for reviewing CSHO medical records. Four factors are responsible for this backlog: 1) the priority given to the pre-employment examinations prior to the 6/30/90 hiring deadline, 2) incomplete records received from the Public Health Service, 3) only one part-time occupational physical reviewing the records, and 4) prioritizing Region II due to it being the "pilot" mandatory program. We are working very hard to relieve this backlog, and I ask for your patience and understanding as we try address our staffing issues and improve communication with the PHS.