Worker refusal of HAZWOPER medical surveillance

December 30, 1991

Ms. Dee Tyler
[Recipient address omitted]
Dear Ms. Tyler:

This is in response to your inquiry of November 21, concerning the Occupational Safety and Health Administration's (OSHA) Hazardous Waste Operations and Emergency Response final rule (HAZWOPER), 29 CFR 1910.120.

Your questions concern medical surveillance for employees who do not choose to take part in the employer's medical surveillance program. Specifically, you ask OSHA if the employer is required to enforce medical surveillance, and what action or documentation must take place to avoid a violation of HAZWOPER.

Under HAZWOPER employers are obligated to make medical surveillance and medical consultation available, but OSHA does not require employees to participate. A record signed by the employee should be made in the employee's personnel file indicating that the employee voluntarily chose not to take part in the medical surveillance program.

Subparagraph (e)(2) specifically includes a medical surveillance training requirement, which requires employers to instruct employees on how to recognize "symptoms and signs of overexposure to hazards" on the job and make them aware of specific parts of the site safety and health plan. HAZWOPER training should also incorporate the purpose and content of the medical surveillance program required by the standard, so employees understand that it is for their protection.

We hope this information is helpful. If you have any further questions please feel free to contact us at (202) 523-8036.

Sincerely,
Patricia Clark, Director
Directorate of Compliance Programs

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