Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-856 - Formaldehyde › Section 296-856-30030 - Medical removal

Current through Register Vol. 24-14, July 15, 2024
Exemption:
Medical removal or restrictions do
						not apply when skin irritation or skin sensitization occurs from
						products that contain less than 0.05 percent of formaldehyde.
IMPORTANT:
* This section applies when an employee reports
				irritation of the mucosa of the eye or the upper airways, respiratory
				sensitization, dermal irritation, or skin sensitization from
				formaldehyde exposure.
* When determining the content of formaldehyde in
				materials that employees have exposure to, you may use documentation,
				such as manufacturer's data, or independent laboratory
				analyses.
You must complete Steps 1 through 4 of the medical
				evaluation process for removal of employees, in this section, for
				employees that report signs and symptoms of formaldehyde
				exposure.
Note:
When the employee is exposed to
						products containing less than 0.1 percent formaldehyde, the LHCP can
						assume, absent of contrary evidence, that employee signs and symptoms
						are not due to formaldehyde exposure.
Medical evaluation process for removal of
				employees:
Step 1:
Provide the employee with a
				medical evaluation by an LHCP selected by the employer.
Step 2:
Based on information in the
				medical questionnaire the LHCP will determine if the employee will
				receive an examination as described in Table 3, Content of Medical
				Evaluations, in Medical and emergency evaluations, WAC
				296-856-30020.
- If the LHCP determines that a medical examination
				is not necessary, there will be a two-week evaluation and correction
				period to determine whether the employee's signs and symptoms resolve
				without treatment, from the use of creams, gloves, first-aid
				treatment, personal protective equipment, or industrial hygiene
				measures that reduce exposure.
* If before the end of the two-week period the
				employee's signs or symptoms worsen, immediately refer them back to
				the LHCP.
* If signs and symptoms persist after the two-week
				period, the LHCP will administer a physical examination as outlined
				in Table 3, Content of Medical Evaluations, in Medical and emergency
				evaluations, WAC
				296-856-30020.
Step 3:
Promptly follow the LHCP's
				restrictions or recommendations. If the LHCP recommends removal from
				exposure, do either of the following:
- Transfer the employee to a job currently available
				that:
* The employee qualifies for, or could be trained
				for, in a short period of time (up to six months);
AND
* Will keep the employee's exposure to as low as
				possible, and never above the AL of 0.5 parts per million.
- Remove the employee from the workplace until
				either:
* A job becomes available that the employee qualifies
				for, or could be trained for in a short period of time
and
will keep the employee's exposure to as low as
				possible and never above the AL;
OR
* The employee is returned to work or permanently
				removed from formaldehyde exposure, as determined by completing Steps
				1 through 3 of the medical evaluation process for removal of
				employees, in this section.
Step 4:
Make sure the employee receives
				a follow-up examination within six months from being removed from the
				formaldehyde exposure by the LHCP. At this time, the LHCP will
				determine if the employee can return to their original job status, or
				if the removal is permanent.
(1) You must maintain the
			 employee's current pay rate, seniority, and other benefits if:
(a) You move them to a job that
			 they qualify for, or could be trained in a short period of time, and
			 will keep the employee's exposure to as low as possible and never
			 above the AL;
OR
(b) In the case there is no such
			 job available, then until they are able to return to their original
			 job status or after six months, whichever comes first.
Note:
* If you must provide medical
						removal benefits and the employee will receive compensation for lost
						pay from other sources, you may reduce your medical removal benefit
						obligation to offset the amount provided by these sources.
* Examples of other sources are:
- Public or employer-funded
						compensation programs.
- Employment by another employer,
						made possible by the employee's removal.