Michigan Administrative Code (Last Updated: November 16, 2016) |
Department LR. Licensing and Regulatory Affairs |
MIOSHA |
Chapter Part 309. Cadmium |
Part 309. CADMIUM |
Section 325.51876. Medical removal protection benefits (MRPB).
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(1) An employer shall provide MRPB for up to a maximum of 18 months to an employee each time and while the employee is temporarily medically removed pursuant to the provisions of R 325.51875.
(2) For the purposes of these rules, the requirement that an employer provide MRPB means that the employer shall maintain the total normal earnings, seniority, and all other employee rights and benefits of the removed employee, including the employee's right to his or her former job status, as if the employee had not been removed from the employee's job or otherwise medically limited.
(3) If, after 18 months on medical removal because of elevated biological monitoring results, the employee's monitoring results have not declined to a low
enough level to permit the employee to be returned to his or her former job status, both of the following provisions shall apply:
(a) An employer shall make available to the employee a medical examination pursuant to these rules in order to obtain a final medical determination as to whether the employee may be returned to his or her former job status or must be permanently removed from excess cadmium exposure.
(b) An employer shall ensure that the final medical determination indicates whether the employee may be returned to his or her former job status and what steps, if any, should be taken to protect the employee's health.
(4) An employer may condition the provision of MRPB upon the employee's participation in medical surveillance provided in accordance with these rules.
History: 1993 AACS.