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Employee choice in HAZWOPER medical surveillance

Summary An environmental employer asked whether HAZWOPER required employees to undergo medical exams. OSHA said employers had to make surveillance and consultation available, but the rule did not require employee participation; an employer could make participation a job condition. Covered workers still had to receive the rule's mandatory training. OSHA now archives the letter as potentially outdated.
Document
Federal opinion letter
Agency
Occupational Safety and Health Administration (OSHA)
Document number
1990-05-22-0
Date issued
May 22, 1990
Status
Archived by the agency
OSHA archives this letter and says it may no longer represent OSHA policy.
Status last verified October 9, 2026
Topics
Workplace Safety OSHA 1910 Hazwoper Medical Surveillance
Source
View the official document

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The current status of this document is unclear
OSHA archives this letter and says it may no longer represent OSHA policy. It may no longer reflect the agency's current position. Treat this page as historical context, not current guidance, and verify current law before relying on anything here.
About this page: The full text below is the official document from Occupational Safety and Health Administration (OSHA). Ezel adds the plain-English summary and tracks the document's status. The official source linked on this page is authoritative for any reliance.

NOTICE: This is an OSHA Archive Document, and may no longer represent OSHA Policy. It is presented here as historical content, for research and review purposes only.

May 22, 1990

Ms. Linda K. Scholl Manager,
Environmental Resources, Inc.
[Recipient address omitted]
Dear Ms. Scholl:

The Philadelphia Regional Office of the Occupational Safety and Health Administration (OSHA) has requested that we respond to your statement addressed in an April 10 letter to them concerning medical surveillance provisions in the Hazardous Waste Operations and Emergency Response standard (29 CFR 1910.120).

Employers are obligated under 29 CFR 1910.120 to make medical surveillance and medical consultation available, but OSHA does not require employees to participate. Mandatory participation in the medical program can, as suggested in your letter, be made a condition of employment. Training requirements in the standard are mandatory for all covered employees and must include along with other subjects the purpose and content of the medical surveillance requirements of the standard.

I hope this information is helpful.

Sincerely,
Patricia K. Clark
Director Designate
Directorate of Compliance Programs

[Requester letter reproduced on OSHA page; omitted here.]

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