Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-155 - Safety standards for construction work › Part B-1 - OCCUPATIONAL HEALTH AND ENVIRONMENTAL CONTROL › Section 296-155-17623 - Medical removal protection

Current through Register Vol. 24-14, July 15, 2024
(1)
Temporary medical removal and
				return of an employee.
(a)
Temporary removal due to elevated blood lead level.
You must
				remove an employee from work having an exposure to lead at or above the action
				level on each occasion that a periodic and a follow-up blood sampling test
				conducted pursuant to WAC
				296-155-176 indicate that the
				employee's blood lead level is at or above 50 [MICRO]g/dl; and
(b)
Temporary removal due to a final
				medical determination.
(i) You must
				remove an employee from work having an exposure to lead at or above the action
				level on each occasion that a final medical determination results in a medical
				finding, determination, or opinion that the employee has a detected medical
				condition which places the employee at increased risk of material impairment to
				health from exposure to lead.
(ii)
				For the purposes of WAC
				296-155-176, the phrase "final
				medical determination" means the written medical opinion on the employees'
				health status by the examining physician or, where relevant, the outcome of the
				multiple physician review mechanism or alternate medical determination
				mechanism used pursuant to the medical surveillance provisions of WAC
				296-155-176.
(iii) Where a final medical determination
				results in any recommended special protective measures for an employee, or
				limitations on an employee's exposure to lead, you must implement and act
				consistent with the recommendation.
(c)
Return of the employee to former
				job status.
(i) You must return an
				employee to their former job status:
(A) For
				an employee removed due to a blood lead level at or above 50 [MICRO]g/dl when
				two consecutive blood sampling tests indicate that the employee's blood lead
				level is below 40 [MICRO]g/dl;
(B)
				For an employee removed due to a final medical determination, when a subsequent
				final medical determination results in a medical finding, determination, or
				opinion that the employee no longer has a detected medical condition which
				places the employee at increased risk of material impairment to health from
				exposure to lead.
(ii)
				For the purposes of WAC
				296-155-176, the requirement that
				an employer return an employee to their former job status is not intended to
				expand upon or restrict any rights an employee has or would have had, absent
				temporary medical removal, to a specific job classification or position under
				the terms of a collective bargaining agreement.
(d)
Removal of other employee special
				protective measure or limitations.
You must remove any limitations
				placed on an employee or end any special protective measures provided to an
				employee pursuant to a final medical determination when a subsequent final
				medical determination indicates that the limitations or special protective
				measures are no longer necessary.
(e)
Employer options pending a final
				medical determination.
Where the multiple physician review mechanism, or
				alternate medical determination mechanism used pursuant to the medical
				surveillance provisions of WAC
				296-155-176, has not yet resulted
				in a final medical determination with respect to an employee, you must act as
				follows:
(i)
Removal.
You may
				remove the employee from exposure to lead, provide special protective measures
				to the employee, or place limitations upon the employee, consistent with the
				medical findings, determinations, or recommendations of any of the physicians
				who have reviewed the employee's health status.
(ii)
Return.
You may return the
				employee to their former job status, end any special protective measures
				provided to the employee, and remove any limitations placed upon the employee,
				consistent with the medical findings, determinations, or recommendations of any
				of the physicians who have reviewed the employee's health status, with two
				exceptions.
(A) If the initial removal,
				special protection, or limitation of the employee resulted from a final medical
				determination which differed from the findings, determinations, or
				recommendations of the initial physician or;
(B) If the employee has been on removal
				status for the preceding 18 months due to an elevated blood lead level, then
				you must await a final medical determination.