September 25, 2002

Norman Weiss, Principal
N. Weiss Associates, Inc.
10443 N. Cave Creek Road, #209
Phoenix, AZ 85020-1616

Dear Mr. Weiss:

Thank you for your July 24 letter to Occupational Safety and Health Administration (OSHA). Your letter was forwarded to the Directorate of Enforcement Programs. This letter constitutes OSHA's interpretation only of the requirements discussed and may not apply to any question not delineated within your original correspondence. You had questions about the Hazardous Waste Operations and Emergency Response (HAZWOPER) medical requirements. Your summarized questions and our responses are listed below.

Question 1: What does "reasonable time" mean in 29 CFR 1910.120(f)(5)?

Response: Generally, providing medical examinations and procedures at a "reasonable time" means during normal working hours.

Question 2: Who determines what is a "reasonable time," the employee, the employer, or both?

Response: The term "reasonable time" requires the medical examinations and procedures to be at a time that is convenient to the employee.

Question 3: Can a "reasonable time" be interpreted to mean after regular work hours or on the employee's own time? Would the qualifying term "without loss of pay" mean that the medical surveillance has to be completed on company time?

Response: Medical examinations and procedures should be offered during normally scheduled work hours. If participation requires travel away from the worksite, the employer must bear the cost. Although the employer may not need to provide transportation for the employee, the employer must cover the cost of transportation. OSHA requires that employees be paid for time spent taking medical examinations including time traveling when the exams are outside of their normal work hours.

As you may be aware, the Industrial Commission of Arizona administers an OSHA-approved state occupational safety and health program for both private and public sector employers and employees in Arizona. The state OSHA program is responsible for effectively implementing all facets of the Arizona Occupational Safety and Health Law including providing interpretations of safety and health standards. State plans must promulgate regulations that are "at least as effective" as the federal standards. In order to obtain Arizona's opinion on this issue, you should contact:

Larry Etchechury, Director, ICA
Industrial Commission of Arizona
800 W. Washington
Phoenix, Arizona 85007-2922
Phone: (602) 542-4411

Thank you for your interest in occupational safety and health. We hope you find this information helpful. 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 http://www.osha.gov. If you have any further questions, please feel free to contact the Office of Health Enforcement at (202) 693-2190.

Sincerely,



Richard E. Fairfax, Director
Directorate of Enforcement Programs