When do additional medicals examinations have to be performed?

The employer must make the specialist examination available within 30 days of receiving the written medical opinion that includes the physician’s recommendation for a specialist examination. The specialists must be either an American Board-Certified Specialist in Pulmonary Disease or an American Board-Certified Specialist in Occupational Medicine.

If the physician’s written medical opinion indicates that an employee should be examined by a specialist, the employer must:

• Make available a medical examination by a specialist within 30 days after receiving the physician’s written opinion,
• Ensure that the examining specialist is provided with all of the information that the employer is obligated to provide to the physician, and
• Make sure that the specialist explains to the employee the results of the medical examination and provides each employee with a written medical report within 30 days of the examination.

The specialist’s written medical report to the employee must contain the following information:

• A description of the medical examination results, including any medical condition(s) that may make an employee more sensitive to silica exposure and any medical conditions that require further evaluation or treatment;
• Any recommended limitations on the employee’s use of respirators; and
• Any recommended limitations on silica exposure.

The specialist written medical report for the employer must include only the following:

• The date of the examination, and
• Any recommended limitations on the employee’s use of respirators.

If the employee gives written authorization, the written opinion to the employer must also contain any recommended limitations on the employee’s exposure to silica.