What is the employer’s responsibility when an employee refuses blood lead testing?

The Lead standard requires blood testing to comply with the biological and medical requirements of the standard at 1910.1025(j). However, neither the lead standard, nor any other OSHA standard, makes participation in the medical surveillance program mandatory for the employee.

The employer’s obligation is to provide medical tests and examinations as required, whether or not an employee cooperates. Substitution of other tests for those required by the standard is not acceptable.

Although an employee expresses an aversion to the blood tests and refuses to take them, a non-invasive test (such as urinary lead or hair lead) cannot be substituted for the blood lead and zinc protoporphyrin sampling and analyses specified at 1910.1025(j)(2)(i) and (j)(3)(ii)(D) and related provisions.

When an employer has fulfilled the obligation of providing medical testing, it is necessary to document any employee refusal to undergo it, while proceeding with any other medical procedures that are required by OSHA with which the employee will cooperate.