(1)
General.
(a) Scope.
(i)
Currently exposed. The employer must institute a medical
surveillance program for all employees who are or may be exposed to cadmium at
or above the action level unless the employer demonstrates that the employee is
not, and will not be, exposed at or above the action level on thirty or more
days per year (twelve consecutive months); and
(ii) Previously exposed. The employer must
also institute a medical surveillance program for all employees who prior to
the effective date of this section might previously have been exposed to
cadmium at or above the action level by the employer, unless the employer
demonstrates that the employee did not prior to the effective date of this
section work for the employer in jobs with exposure to cadmium for an
aggregated total of more than sixty months.
(b) To determine an employee's fitness for
using a respirator, the employer must provide the limited medical examination
specified in subsection (6) of this section.
(c)
The employer must ensure that all medical examinations and
procedures required by this standard are performed by or under the supervision
of a licensed physician, who has read and is familiar with the health effects
WAC
296-62-07441,
Appendix A, the regulatory text of this section, the protocol for sample
handling and laboratory selection in WAC
296-62-07451,
Appendix F and the questionnaire of WAC
296-62-07447,
Appendix D. These examinations and procedures must be provided without cost to
the employee and at a time and place that is reasonable and convenient to
employees.
(d) The employer must
ensure that the collecting and handling of biological samples of cadmium in
urine (CdU), cadmium in blood (CdB), and beta-2 micro-globulin in urine
([BETA]
2-M) taken from employees under this section is
done in a manner that ensures their reliability and that analysis of biological
samples of cadmium in urine (CdU), cadmium in blood (CdB), and beta-2
micro-globulin in urine ([BETA]
2-M) taken from employees
under this section is performed in laboratories with demonstrated proficiency
for that particular analyte. (See WAC
296-62-07451,
Appendix F.)
(2)
Initial examination.
(a) The employer must
provide an initial (pre-placement) examination to all employees covered by the
medical surveillance program required in subsection (1)(a) of this section. The
examination must be provided to those employees within thirty days after
initial assignment to a job with exposure to cadmium or no later than ninety
days after the effective date of this section, whichever date is
later.
(b) The initial
(preplacement) medical examination must include:
(i)
A detailed medical and work history, with emphasis on: Past,
present, and anticipated future exposure to cadmium; any history of renal,
cardiovascular, respiratory, hematopoietic, reproductive, and/or
musculo-skeletal system dysfunction; current usage of medication with potential
nephrotoxic side-effects; and smoking history and current status; and
(ii) Biological monitoring that includes the
following tests:
(A) Cadmium in urine (CdU),
standardized to grams of creatinine (g/Cr);
(B)
Beta-2 microglobulin in urine ([BETA]
2-M),
standardized to grams of creatinine (g/Cr), with pH specified, as described in
WAC
296-62-07451,
Appendix F; and
(C) Cadmium in
blood (CdB), standardized to liters of whole blood (lwb).
(c) Recent examination: An
initial examination is not required to be provided if adequate records show
that the employee has been examined in accordance with the requirements of (b)
of this subsection within the past twelve months. In that case, such records
must be maintained as part of the employee's medical record and the prior exam
must be treated as if it were an initial examination for the purposes of
subsections (3) and (4) of this section.
(3) Actions triggered by initial biological
monitoring:
(a) If the results of the
initial biological monitoring tests show the employee's CdU level to be at or
below 3 µg/g Cr, [BETA]
2-M level to be at or below
300 µg/g Cr and CdB level to be at or below 5 µg/lwb, then:
(i) For currently exposed employees, who are
subject to medical surveillance under subsection (1)(a)(i) of this section, the
employer must provide the minimum level of periodic medical surveillance in
accordance with the requirements in subsection (4)(a) of this section;
and
(ii) For previously exposed
employees, who are subject to medical surveillance under subsection (1)(a)(ii)
of this section, the employer must provide biological monitoring for CdU,
[BETA]2-M, and CdB one year after the initial biological
monitoring and then the employer must comply with the requirements of
subsection (4)(e) of this section.
(b) For all employees who are subject to
medical surveillance under subsection (1)(a) of this section, if the results of
the initial biological monitoring tests show the level of CdU to exceed 3
µg/g Cr, the level of [BETA]2-M to exceed 300 µg/g Cr, or the level
of CdB to exceed 5 µg/lwb, the employer must:
(i)
Within two weeks after receipt of biological monitoring results,
reassess the employee's
occupational exposure to cadmium as follows:
(A) Reassess the employee's work practices
and personal hygiene;
(B)
Reevaluate the employee's respirator use, if any, and the respirator
program;
(C) Review the hygiene
facilities;
(D) Reevaluate the
maintenance and effectiveness of the relevant engineering controls;
(E) Assess the employee's smoking history
and status;
(ii) Within
thirty days after the exposure reassessment, specified in (b)(i) of this
subsection, take reasonable steps to correct any deficiencies found in the
reassessment that may be responsible for the employee's excess exposure to
cadmium; and,
(iii) Within ninety
days after receipt of biological monitoring results, provide a full medical
examination to the employee in accordance with the requirements of WAC
296-62-07423(4)(b). After completing the medical examination, the examining
physician must determine in a written medical opinion whether to medically
remove the employee. If the physician determines that medical removal is not
necessary, then until the employee's CdU level falls to or below 3 µg/g
Cr, µ2-M level falls to or below 300 µg/g Cr and CdB level falls to
or below 5 µg/lwb, the employer must:
(A)
Provide biological monitoring in accordance with subsection
(2)(b)(ii) of this section on a semiannual basis; and
(B) Provide annual medical examinations in
accordance with subsection (4)(b) of this section.
(c) For all employees
who are subject to medical surveillance under subsection (1)(a) of this
section, if the results of the initial biological monitoring tests show the
level of CdU to be in excess of 15 µg/g Cr, or the level of CdB to be in
excess of 15 µg/lwb, or the level of [BETA]
2-M to
be in excess of 1,500 µg/g Cr, the employer must comply with the
requirements of (b)(i) and (ii) of this subsection. Within ninety days after
receipt of biological monitoring results, the employer must provide a full
medical examination to the employee in accordance with the requirements of
subsection (4)(b) of this section. After completing the medical examination,
the examining physician must determine in a written medical opinion whether to
medically remove the employee. However, if the initial biological monitoring
results and the biological monitoring results obtained during the medical
examination both show that: CdU exceeds 15 µg/g Cr; or CdB exceeds 15
µg/lwb; or [BETA]
2-M exceeds 1500 µg/g Cr,
and in addition CdU exceeds 3 µg/g Cr or CdB exceeds 5 µg/liter of
whole blood, then the physician must medically remove the employee from
exposure to cadmium at or above the
action level. If the second set of
biological monitoring results obtained during the medical examination does not
show that a mandatory removal trigger level has been exceeded, then the
employee is not required to be removed by the mandatory provisions of this
section. If the employee is not required to be removed by the mandatory
provisions of this section or by the physician's determination, then until the
employee's CdU level falls to or below 3 µg/g Cr,
[BETA]
2-M level falls to or below 300 µg/g Cr and
CdB level falls to or below 5 µg/lwb, the employer must:
(i) Periodically reassess the employee's
occupational exposure to cadmium;
(ii)
Provide biological monitoring in accordance with subsection
(2)(b)(ii) of this section on a quarterly basis; and
(iii) Provide semiannual medical
examinations in accordance with subsection (4)(b) of this section.
(d) For all employees to whom
medical surveillance is provided, beginning on January 1, 1999, and in lieu of
(a) through (c) of this subsection:
(i) If
the results of the initial biological monitoring tests show the employee's CdU
level to be at or below 3 µg/g Cr, [BETA]2-M level
to be at or below 300 µg/g Cr and CdB level to be at or below 5
µg/lwb, then for currently exposed employees, the employer must comply
with the requirements of (a)(i) of this subsection and for previously exposed
employees, the employer shall comply with the requirements of (a)(ii) of this
subsection;
(ii) If the results of
the initial biological monitoring tests show the level of CdU to exceed 3
µg/g Cr, the level of [BETA]2-M to exceed 300
µg/g Cr, or the level of CdB to exceed 5 µg/lwb, the employer must
comply with the requirements of (b)(i) through (iii) of this subsection;
and
(iii) If the results of the
initial biological monitoring tests show the level of CdU to be in excess of 7
µg/g Cr, or the level of CdB to be in excess of 10 µg/lwb, or the
level of [BETA]2-M to be in excess of 750 µg/g Cr,
the employer must: Comply with the requirements of (b)(i) through (ii) of this
subsection; and, within ninety days after receipt of biological monitoring
results, provide a full medical examination to the employee in accordance with
the requirements of subsection (4)(b) of this section. After completing the
medical examination, the examining physician must determine in a written
medical opinion whether to medically remove the employee. However, if the
initial biological monitoring results and the biological monitoring results
obtained during the medical examination both show that: CdU exceeds 7
µg/g Cr; or CdB exceeds 10 µg/lwb; or
[BETA]2-M exceeds 750 µg/g Cr, and in addition CdU
exceeds 3 µg/g Cr or CdB exceeds 5 µg/liter of whole blood, then
the physician must medically remove the employee from exposure to cadmium at or
above the action level. If the second set of biological monitoring results
obtained during the medical examination does not show that a mandatory removal
trigger level has been exceeded, then the employee is not required to be
removed by the mandatory provisions of this section. If the employee is not
required to be removed by the mandatory provisions of this section or by the
physician's determination, then until the employee's CdU level falls to or
below 3 µg/g Cr, [BETA]2-M level falls to or below
300 µg/g Cr and CdB level falls to or below 5 µg/lwb, the employer
must: Periodically reassess the employee's occupational exposure to cadmium;
provide biological monitoring in accordance with subsection (2)(b)(ii) of this
section on a quarterly basis; and provide semiannual medical examinations in
accordance with subsection (4)(b) of this section.
(4) Periodic medical
surveillance.
(a) For each employee who is
covered under subsection (1)(a)(i) of this section, the employer must provide
at least the minimum level of periodic medical surveillance, which consists of
periodic medical examinations and periodic biological monitoring. A periodic
medical examination must be provided within one year after the initial
examination required by subsection (2) of this section and thereafter at least
biennially. Biological sampling must be provided at least annually, either as
part of a periodic medical examination or separately as periodic biological
monitoring.
(b) The periodic
medical examination must include:
(i) A
detailed medical and work history, or update thereof, with emphasis on: Past,
present and anticipated future exposure to cadmium; smoking history and current
status; reproductive history; current use of medications with potential
nephrotoxic side-effects; any history of renal, cardiovascular, respiratory,
hematopoietic, and/or musculo-skeletal system dysfunction; and as part of the
medical and work history, for employees who wear respirators, questions 3-11
and 25-32 in WAC
296-62-07447,
Appendix D;
(ii) A complete
physical examination with emphasis on: Blood pressure, the respiratory system,
and the urinary system;
(iii) A 14
inch by 17 inch, or a reasonably standard sized posterior-anterior chest X-ray
(after the initial X-ray, the frequency of chest X-rays is to be determined by
the examining physician);
(iv)
Pulmonary function tests, including forced vital capacity (FVC) and forced
expiratory volume at 1 second (FEV1);
(v)
Biological monitoring, as required in subsection (2)(b)(ii) of
this section;
(vi) Blood analysis,
in addition to the analysis required under this section, including blood urea
nitrogen, complete blood count, and serum creatinine;
(vii) Urinalysis, in addition to the
analysis required under subsection (2)(b)(ii) of this section, including the
determination of albumin, glucose, and total and low molecular weight
proteins;
(viii) For males over
forty years old, prostate palpation, or other at least as effective diagnostic
test(s); and
(ix) Any additional
tests deemed appropriate by the examining physician.
(c) Periodic biological monitoring must be
provided in accordance with subsection (2)(b)(ii) of this section.
(d) If the results of periodic biological
monitoring or the results of biological monitoring performed as part of the
periodic medical examination show the level of the employee's CdU,
[BETA]2-M, or CdB to be in excess of the levels
specified in subsection (3)(b) or (c) of this section; or, beginning on January
1, 1999, in excess of the levels specified in subsection (3)(b) or (d) of this
section, the employer must take the appropriate actions specified in subsection
(3)(b) through (d) of this section.
(e)
For previously exposed employees under subsection (1)(a)(ii) of
this section:
(i) If the employee's levels of
CdU did not exceed 3 µg/g Cr, CdB did not exceed 5 µg/lwb, and
[BETA]2-M did not exceed 300 µg/g Cr in the
initial biological monitoring tests, and if the results of the followup
biological monitoring required by subsection (3)(a)(ii) of this section one
year after the initial examination confirm the previous results, the employer
may discontinue all periodic medical surveillance for that employee.
(ii) If the initial biological monitoring
results for CdU, CdB, or [BETA]2-M were in excess of the
levels specified in subsection (3)(a) of this section, but subsequent
biological monitoring results required by subsection (3)(b) through (e) of this
section show that the employee's CdU levels no longer exceed 3 µg/g Cr,
CdB levels no longer exceed 5 µg/lwb, and
[BETA]2-M levels no longer exceed 300 µg/g Cr, the
employer shall provide biological monitoring for CdU, CdB, and
[BETA]2-M one year after these most recent biological
monitoring results. If the results of the followup biological monitoring,
specified in this section, confirm the previous results, the employer may
discontinue all periodic medical surveillance for that employee.
(iii) However, if the results of the
follow-up tests specified in (e)(i) or (ii) of this subsection indicate that
the level of the employee's CdU, [BETA]2-M, or CdB
exceeds these same levels, the employer is required to provide annual medical
examinations in accordance with the provisions of (b) of this subsection until
the results of biological monitoring are consistently below these levels or the
examining physician determines in a written medical opinion that further
medical surveillance is not required to protect the employee's
health.
(f) A routine,
biennial medical examination is not required to be provided in accordance with
subsections (3)(a) and (4) of this section if adequate medical records show
that the employee has been examined in accordance with the requirements of (b)
of this subsection within the past twelve months. In that case, such records
must be maintained by the employer as part of the employee's medical record,
and the next routine, periodic medical examination must be made available to
the employee within two years of the previous examination.
(5) Actions triggered by medical
examinations.
If the results of a medical examination carried out in
accordance with this section indicate any laboratory or clinical finding
consistent with cadmium toxicity that does not require employer action under
subsection (2), (3), or (4) of this section, the employer, within thirty days,
must reassess the employee's occupational exposure to cadmium and take the
following corrective action until the physician determines they are no longer
necessary:
(a) Periodically reassess:
The employee's work practices and personal hygiene; the employee's respirator
use, if any; the employee's smoking history and status; the respiratory
protection program; the hygiene facilities; and the maintenance and
effectiveness of the relevant engineering controls;
(b) Within thirty days after the
reassessment, take all reasonable steps to correct the deficiencies found in
the reassessment that may be responsible for the employee's excess exposure to
cadmium;
(c) Provide semiannual
medical reexaminations to evaluate the abnormal clinical sign(s) of cadmium
toxicity until the results are normal or the employee is medically removed;
and
(d) Where the results of tests
for total proteins in urine are abnormal, provide a more detailed medical
evaluation of the toxic effects of cadmium on the employee's renal
system.
(6) Examination
for respirator use.
(a) To determine an
employee's fitness for respirator use, the employer must provide a medical
examination that includes the elements specified in (a)(i) through (iv) of this
subsection. This examination must be provided prior to the employee's being
assigned to a job that requires the use of a respirator or no later than ninety
days after this section goes into effect, whichever date is later, to any
employee without a medical examination within the preceding twelve months that
satisfies the requirements of this paragraph.
(i)
A detailed medical and work history, or update thereof, with
emphasis on: Past exposure to cadmium; smoking history and current status; any
history of renal, cardiovascular, respiratory, hematopoietic, and/or
musculoskeletal system dysfunction; a description of the job for which the
respirator is required; and questions 3 through 11 and 25 through 32 in WAC
296-62-07447,
Appendix D;
(ii) A blood pressure
test;
(iii) Biological monitoring
of the employee's levels of CdU, CdB and [BETA]2-M in
accordance with the requirements of subsection (2)(b)(ii) of this section,
unless such results already have been obtained within the previous twelve
months; and
(iv) Any other test or
procedure that the examining physician deems appropriate.
(b) After reviewing all the information
obtained from the medical examination required in (a) of this subsection, the
physician must determine whether the employee is fit to wear a
respirator.
(c) Whenever an
employee has exhibited difficulty in breathing during a respirator fit test or
during use of a respirator, the employer, as soon as possible, must provide the
employee with a periodic medical examination in accordance with subsection
(4)(b) of this section to determine the employee's fitness to wear a
respirator.
(d) Where the results
of the examination required under (a), (b), or (c) of this subsection are
abnormal, medical limitation or prohibition of respirator use must be
considered. If the employee is allowed to wear a respirator, the employee's
ability to continue to do so must be periodically evaluated by a
physician.
(7)
Emergency examinations.
(a) In addition to
the medical surveillance required in subsections (2) through (6) of this
section, the employer must provide a medical examination as soon as possible to
any employee who may have been acutely exposed to cadmium because of an
emergency.
(b) The examination
must include the requirements of subsection (4)(b) of this section, with
emphasis on the respiratory system, other organ systems considered appropriate
by the examining physician, and symptoms of acute overexposure, as identified
in WAC
296-62-07441(2)(b)(i)
through (ii) and (4), Appendix A.
(8) Termination of employment
examination.
(a) At termination of
employment, the employer must provide a medical examination in accordance with
subsection (4)(b) of this section, including a chest X-ray, to any employee to
whom at any prior time the employer was required to provide medical
surveillance under subsection (1)(a) or (7) of this section. However, if the
last examination satisfied the requirements of subsection (4)(b) of this
section and was less than six months prior to the date of termination, no
further examination is required unless otherwise specified in subsection (3) or
(5) of this section;
(b) However,
for employees covered by subsection (1)(a)(ii) of this section, if the employer
has discontinued all periodic medical surveillance under subsection (4)(e) of
this section, no termination of employment medical examination is
required.
(9)
Information provided to the physician. The employer must provide the following
information to the examining physician:
(a)
A copy of this standard and appendices;
(b)
A description of the affected employee's former, current, and
anticipated duties as they relate to the employee's occupational exposure to
cadmium;
(c) The employee's
former, current, and anticipated future levels of occupational exposure to
cadmium;
(d) A description of any
personal protective equipment, including respirators, used or to be used by the
employee, including when and for how long the employee has used that equipment;
and
(e) Relevant results of
previous biological monitoring and medical examinations.
(10) Physician's written medical opinion.
(a) The employer must promptly obtain a
written, signed medical opinion from the examining physician for each medical
examination performed on each employee. This written opinion must contain:
(i) The physician's diagnosis for the
employee;
(ii) The physician's
opinion as to whether the employee has any detected medical condition(s) that
would place the employee at increased risk of material impairment to health
from further exposure to cadmium, including any indications of potential
cadmium toxicity;
(iii) The
results of any biological or other testing or related evaluations that directly
assess the employee's absorption of cadmium;
(iv) Any recommended removal from, or
limitation on the activities or duties of the employee or on the employee's use
of personal protective equipment, such as respirators;
(v) A statement that the physician has
clearly and carefully explained to the employee the results of the medical
examination, including all biological monitoring results and any medical
conditions related to cadmium exposure that require further evaluation or
treatment, and any limitation on the employee's diet or use of
medications.
(b) The
employer promptly must obtain a copy of the results of any biological
monitoring provided by an employer to an employee independently of a medical
examination under subsections (2) and (4) of this section, and, in lieu of a
written medical opinion, an explanation sheet explaining those
results.
(c) The employer must
instruct the physician not to reveal orally or in the written medical opinion
given to the employer specific findings or diagnoses unrelated to occupational
exposure to cadmium.
(11)
Medical removal protection (MRP).
(a)
General.
(i) The employer must
temporarily remove an employee from work where there is excess exposure to
cadmium on each occasion that medical removal is required under subsection (3),
(4), or (6) of this section and on each occasion that a physician determines in
a written medical opinion that the employee should be removed from such
exposure. The physician's determination may be based on biological monitoring
results, inability to wear a respirator, evidence of illness, other signs or
symptoms of cadmium-related dysfunction or disease, or any other reason deemed
medically sufficient by the physician.
(ii)
The employer must medically remove an employee in accordance with
this subsection regardless of whether at the time of removal a job is available
into which the removed employee may be transferred.
(iii) Whenever an employee is medically
removed under this subsection, the employer must transfer the removed employee
to a job where the exposure to cadmium is within the permissible levels
specified in that subsection as soon as one becomes available.
(iv) For any employee who is medically
removed under the provisions of (a) of this subsection, the employer must
provide follow-up biological monitoring in accordance with subsection
(2)(b)(ii) of this section at least every three months and follow-up medical
examinations semiannually at least every six months until in a written medical
opinion the examining physician determines that either the employee may be
returned to their former job status as specified under (d) through (e) of this
subsection or the employee must be permanently removed from excess cadmium
exposure.
(v) The employer may not
return an employee who has been medically removed for any reason to their
former job status until a physician determines in a written medical opinion
that continued medical removal is no longer necessary to protect the employee's
health.
(b) Where an
employee is found unfit to wear a respirator under subsection (6)(b) of this
section, the employer must remove the employee from work where exposure to
cadmium is above the PEL.
(c)
Where removal is based on any reason other than the employee's inability to
wear a respirator, the employer must remove the employee from work where
exposure to cadmium is at or above the action level.
(d) Except as specified in (e) of this
subsection, no employee who was removed because their level of CdU, CdB and/or
[BETA]2-M exceeded the medical removal trigger levels in
subsection (3) or (4) of this section may be returned to work with exposure to
cadmium at or above the action level until the employee's levels of CdU fall to
or below 3 µg/g Cr, CdB falls to or below 5 µg/lwb, and
[BETA]2-M falls to or below 300 µg/g Cr.
(e) However, when in the examining
physician's opinion continued exposure to cadmium will not pose an increased
risk to the employee's health and there are special circumstances that make
continued medical removal an inappropriate remedy, the physician must fully
discuss these matters with the employee, and then in a written determination
may return a worker to their former job status despite what would otherwise be
unacceptably high biological monitoring results. Thereafter, the returned
employee must continue to be provided with medical surveillance as if they were
still on medical removal until the employee's levels of CdU fall to or below 3
µg/g Cr, CdB falls to or below 5 µg/lwb, and
[BETA]2-M falls to or below 300 µg/g Cr.
(f) Where an employer, although not required
by (a) through (c) of this subsection to do so, removes an employee from
exposure to cadmium or otherwise places limitations on an employee due to the
effects of cadmium exposure on the employee's medical condition, the employer
must provide the same medical removal protection benefits to that employee
under subsection (12) of this section as would have been provided had the
removal been required under (a) through (c) of this subsection.
(12) Medical removal protection
benefits (MRPB).
(a) The employer must
provide MRPB for up to a maximum of eighteen months to an employee each time
and while the employee is temporarily medically removed under subsection (11)
of this section.
(b) For purposes
of this section, the requirement that the employer provide MRPB means that the
employer must maintain the total normal earnings, seniority, and all other
employee rights and benefits of the removed employee, including the employee's
right to their former job status, as if the employee had not been removed from
the employee's job or otherwise medically limited.
(c) Where, after eighteen months on medical
removal because of elevated biological monitoring results, the employee's
monitoring results have not declined to a low enough level to permit the
employee to be returned to their former job status:
(i)
The employer must make available to the employee a medical
examination pursuant in order to obtain a final medical determination as to
whether the employee may be returned to their former job status or must be
permanently removed from excess cadmium exposure; and
(ii) The employer must ensure that the final
medical determination indicates whether the employee may be returned to their
former job status and what steps, if any, should be taken to protect the
employee's health.
(d)
The employer may condition the provision of MRPB upon the employee's
participation in medical surveillance provided in accordance with this
section.
(13) Multiple
physician review.
(a) If the employer
selects the initial physician to conduct any medical examination or
consultation provided to an employee under this section, the employee may
designate a second physician to:
(i) Review
any findings, determinations, or recommendations of the initial physician;
and
(ii) Conduct such
examinations, consultations, and laboratory tests as the second physician deems
necessary to facilitate this review.
(b) The employer must promptly notify an
employee of the right to seek a second medical opinion after each occasion that
an initial physician provided by the employer conducts a medical examination or
consultation pursuant to this section. The employer may condition its
participation in, and payment for, multiple physician review upon the employee
doing the following within fifteen days after receipt of this notice, or
receipt of the initial physician's written opinion, whichever is later:
(i) Informing the employer that he or she
intends to seek a medical opinion; and
(ii)
Initiating steps to make an appointment with a second
physician.
(c) If the
findings, determinations, or recommendations of the second physician differ
from those of the initial physician, then the employer and the employee must
ensure that efforts are made for the two physicians to resolve any
disagreement.
(d) If the two
physicians have been unable to quickly resolve their disagreement, then the
employer and the employee, through their respective physicians, must designate
a third physician to:
(i) Review any
findings, determinations, or recommendations of the other two physicians;
and
(ii) Conduct such
examinations, consultations, laboratory tests, and discussions with the other
two physicians as the third physician deems necessary to resolve the
disagreement among them.
(e)
The employer must act consistently with the findings,
determinations, and recommendations of the third physician, unless the employer
and the employee reach an agreement that is consistent with the recommendations
of at least one of the other two physicians.
(14) Alternate physician determination. The
employer and an employee or designated employee representative may agree upon
the use of any alternate form of physician determination in lieu of the
multiple physician review provided by subsection (13) of this section, so long
as the alternative is expeditious and at least as protective of the
employee.
(15) Information the
employer must provide the employee.
(a) The
employer must provide a copy of the physician's written medical opinion to the
examined employee within two weeks after receipt thereof.
(b) The employer must provide the employee
with a copy of the employee's biological monitoring results and an explanation
sheet explaining the results within two weeks after receipt thereof.
(c) Within thirty days after a request by an
employee, the employer must provide the employee with the information the
employer is required to provide the examining physician under subsection (9) of
this section.
(16)
Reporting. In addition to other medical events that are required to be reported
on the OSHA Form No. 200, the employer must report any abnormal condition or
disorder caused by
occupational exposure to cadmium associated with employment
as specified in WAC
296-27-02105.