Section 325.51470. Employee medical removal procedures.

(1) This rule applies if an employee reports any of the following symptoms attributed to workplace formaldehyde exposure:

(a)   ) Significant irritation of the mucosa of the eyes or of the upper airways.

(b)   Respiratory sensitization.

(c)   ) Dermal irritation.

(d)  Dermal sensitization.

Note: This rule does not apply in the case of dermal irritation or sensitization if the product that is suspected of causing the dermal condition contains less than 0.05% formaldehyde.

(2)  A physician shall evaluate an employee's report of signs or symptoms of possible overexposure  to   formaldehyde.   An   employer   shall   select   the   physician   under R 325.51467. If the physician determines that a medical examination is not necessary, then there shall be a 2-week evaluation and remediation period to permit the employer to ascertain whether the signs or symptoms subside untreated or with the use of creams, gloves, first aid treatment, or personal protective equipment. An employer may also implement industrial hygiene measures that limit an employee's exposure to formaldehyde during the 2-week period. An employer shall immediately refer an employee to a physician before the end of the 2-week period if the signs or symptoms worsen. An employer shall not alter earnings, seniority, and benefits during the 2-week period because of an employee's medical report.

(3)   If an employee's signs or symptoms of possible overexposure to formaldehyde have not subsided or been remedied by the end of the 2-week period, or earlier if the signs or symptoms warrant, then a physician who is selected by the employer shall examine the employee. The physician shall presume, absent contrary evidence, that observed dermal irritation or dermal sensitization is not attributable to formaldehyde when products to which the affected employee is exposed contain less than 0.1% formaldehyde.

(4)  An employer shall ensure that a medical examination is conducted in compliance with R 325.51468. Additional guidelines for conducting medical exams are contained in appendix C to these rules.

(5)   If the physician finds that significant irritation of the mucosa of the eyes or the upper airways, respiratory sensitization, dermal irritation, or dermal sensitization results from workplace formaldehyde exposure and recommends restrictions or removal of the employee from formaldehyde exposure, then the employer shall promptly comply with the restrictions or recommendation of removal. If there is a recommendation of removal, then the employer shall remove the affected employee from the current formaldehyde exposure and, if possible, transfer the employee to work that does not result in exposure to formaldehyde or that results in significantly less exposure to formaldehyde.

(6)   If an employee is removed under subrule (5) of this rule, then an employer shall transfer the employee to comparable work for which the employee is qualified or can be trained in not more than a 6-month period and work where the formaldehyde exposures are as low as possible, but not higher than the action level. The employer shall maintain the employee's current earnings, seniority, and other benefits. If comparable work is not available, then the employer shall maintain the employee's current earnings, seniority,

and other benefits until comparable work becomes available, until the employee is determined to be unable to return to workplace formaldehyde exposure, until the employee is determined to be able to return to the original job status, or for 6 months, whichever occurs first.

(7)    An employer shall arrange for a follow-up medical examination to take place within 6 months after an employee is removed from formaldehyde exposure under this rule. The examination shall determine if the employee can return to the original job status or if the removal is to be permanent. A physician shall make a decision within 6 months of the date that an employee was removed as to whether the employee can be returned to the original job status or if the removal is to be permanent.

(8)   An employer's obligation to provide earnings, seniority, and other benefits to an employee who is removed from formaldehyde exposure may be reduced to the extent that the employee receives compensation for earnings lost during the period of removal either from a publicly or employer-funded compensation program or from employment with another employer that is made possible by the employee's removal.

(9)    In making determinations of the formaldehyde content of materials under this rule, an employer may rely on objective data.

History:  1990 AACS; 1993 AACS; 1999 AACS; 2014 AACS; Republished in 2015 MR 8, May 15,