Clarification of whether an employee can opt out of medical surveillance examinations under the HAZWOPER standard, 29 CFR 1910.120.
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.
March 3, 2008
Mr. David F. Perez
Control Center Operator
Tampa Electric Company
32576 Greenwood Loop
Zephyrhills, FL 33544
Dear Mr. Perez: