Physician signature on asbestos medical-surveillance opinions

May 5, 1998

Mr. Gary Thibodeaux, Director
NSC Corporation
Department of Health and Safety
[Recipient address omitted]
Dear Mr. Thibodeaux:

This is in response to your letter of February 24, concerning the medical surveillance provisions 29 CFR 1926.1101, the construction industry asbestos standard promulgated by the Occupational Safety and Health Administration (OSHA).

You ask, "If a person performs the medical examination under the supervision of a licensed physician and is signatory of the written opinion would it be considered a valid document?"

The written opinion would not comply with the standard. According to 29 CFR 1926.1101(m)(4)(1), "The employer shall obtain a written opinion from the examining physician." OSHA considers a physician supervising a medical examination an "examining physician." The person who performed the medical examination under the supervision of a licensed physician may write the medical opinion for the physician, but the physician must review the opinion, concur with the opinion, and assume responsibility for the opinion. Any signature on the opinion must be the physician's signature.

We appreciate the opportunity to clarify this matter for you. If you have further questions please contact [the Office of Health Enforcement at (202) 693-2190].

Sincerely,

John B. Miles, Jr.
Director
Directorate of Compliance Programs
[Corrected 12/6/2024]