Formaldehyde medical screening and paid time

August 8, 1990

Ms. Michelle Fecteau, Health and Safety Coordinator
International Ladies' Garment Workers' Union
[Recipient address omitted]
Dear Ms. Fecteau:

This is in response to your letter of June 11, concerning the medical surveillance requirements of the formaldehyde standard (29 CFR 1910.1048).

Your first question is whether employers are exempt from providing medical surveillance when air monitoring results indicate levels below .1 ppm. One condition that triggers the availability of nonroutine screening to test for possible formaldehyde-related illness is when the employer suspects that employees have signs or symptoms that may be related to their exposure to formaldehyde. Section (l)(1)(ii) of the standard states in part:

"When determining whether an employee may be experiencing signs and symptoms of possible overexposure to formaldehyde, the employer may rely on the evidence that signs and symptoms associated with formaldehyde exposure will occur only in exceptional circumstances when airborne exposure is less than 0.1 ppm and when formaldehyde is present in materials in concentrations less than 0.1 percent."

This section is a guideline and not an exemption. The employer must consider all exceptional circumstances, such as, more than one worker reports problems, the onset of signs and symptoms coincide with a new process, cloth, etc.

Your other question concerns rights of workers to get medical attention without loss of pay. Section (l)(2) of the formaldehyde standard clearly states that medical surveillance shall be provided without loss of pay. This section applies to all medical procedures including nonroutine screening to test for possible formaldehyde-related illness when the employer suspects that employees have signs or symptoms that may be related to their exposure to formaldehyde.

I hope this information is helpful. If we can be of further assistance, please contact us again.

Sincerely,

Patricia K. Clark Director Designate Directorate of Compliance Programs

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