Medical surveillance is not required for terminated employees

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 https://www.osha.gov.

February 29, 1984

MEMORANDUM FOR: STANLEY ELLIOTT
                Area Director, Pittsburgh

FROM:           LINDA R. ANKU 
                Regional Administrator

SUBJECT:        Medical Exam Requirements Under 29 CFR 1910.1029

This is in reply to your request for guidance concerning the medical exam requirements of 29 CFR 1910.1029(j)(3)(iii)-(iv).

The medical exam requirements of 29 CFR 1910.1029 are initiated for employees who work in a regulated area for at least 30 days per year. The standard further requires under 1910.1029 (j)(3)(iii):

Clarification of NIOSH's obligation under OSHA to receive and maintain employee exposure and medical records.

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 https://www.osha.gov.


February 1, 2008

Frank Hearl
Chief of Staff
National Institute for Occupational Safety and Health
200 Independence Avenue, SW
Washington, DC 20201

Re: Mittal Steel USA – Access to Employee Exposure and Medical Records Interpretation

Dear Mr. Hearl: