OSHA requirements are set by statute, standards and regulations. Our interpretation letters explain these requirements and how they apply to particular circumstances, but they cannot create additional employer obligations. This letter constitutes OSHA's interpretation of the requirements discussed. Note that our enforcement guidance may be affected by changes to OSHA rules. Also, from time to time we update our guidance in response to new information. To keep apprised of such developments, you can consult OSHA's website at http://www.osha.gov.

February 24, 1993

Ms. Sonia Berg
Science Applications
International Corp.
Post Office Box 2535
Gaithersburg, Maryland 20886

Dear Ms. Berg:

This is in response to your inquiry of February 3, concerning the Occupational Safety and Health Administration's (OSHA) position regarding employer's payment of wages to employees for time when they are taking employer-sponsored medical exams or treatment, especially related to a workplace injury.

OSHA has no regulations regarding the problem you describe. However, the Department of Labor's Employment Standards Administration, Wage-Hour Division, may have regulations that require compensation to employees under the circumstances described in your inquiry. Therefore, you may wish to contact that agency directly for response to the specific question of whether or not an employee can receive wages for time spent taking employer-sponsored medical exams or treatment. The address and telephone number are:

John Fraser, Acting Assistant Secretary
U.S. Department of Labor
Employment Standards Administration
200 Constitution Ave, N.W. Room S-2321
Washington, D.C. 20210
Telephone: (202) 219-6191

We regret that we could not be of greater assistance in this matter and we hope that we can be of service to you in the future.

Sincerely,

Raymond E. Donnelly, Director
Office of General Industry Compliance Assistance