Or. Admin. Code § 437-002-2035

Current through Register Vol. 63, No. 10, October 1, 2024

Section 437-002-2035 - Medical Removal

This rule describes the medical removal requirements of this subdivision.

(1) An employee is eligible for medical removal, if the employee works in a job with airborne exposure at or above the action level and either:

(a) The employee provides the employer with:

(A) A written medical report indicating a confirmed positive finding or CBD diagnosis; or

(B) A written medical report recommending removal from airborne exposure to beryllium in accordance OAR 437-002-2034; or

(b) The employer receives a written medical opinion recommending removal from airborne exposure to beryllium in accordance with 437-002-2034.

(2) If an employee is eligible for medical removal, provide the employee with the employee's choice of:

(a) Removal as described in paragraph (3) of this rule; or

(b) Remaining in a job with airborne exposure at or above the action level, provided that the employer provides, and ensures that the employee uses, respiratory protection that complies with OAR 437-002-2030 whenever airborne exposures are at or above the action level.

(3) If the employee chooses removal:

(a) If a comparable job is available where airborne exposures to beryllium are below the action level, and the employee is qualified for that job or can be trained within one month, the employer must remove the employee to that job. The employer must maintain for six months from the time of removal the employee's base earnings, seniority, and other rights and benefits that existed at the time of removal.

(b) If comparable work is not available, the employer must maintain the employee's base earnings, seniority, and other rights and benefits that existed at the time of removal for six months or until such time that comparable work described in paragraph (3)(a) of this rule becomes available, whichever comes first.

(4) Your obligation to provide medical removal protection benefits to a removed employee must be reduced to the extent that the employee receives compensation for earnings lost during the period of removal from a publicly or employer-funded compensation program, or receives income from another employer made possible by virtue of the employee's removal.

Or. Admin. Code § 437-002-2035

OSHA 3-2017, f. 7-7-17, cert. ef. 3/12/2018

Stat. Auth.: ORS 654.025(2) & 656.726(4)

Stats. Implemented: ORS 654.001 - 654.295