Section 325.77109g. Medical removal plan.

g. (1) If a physician makes a referral to a hematologist or internist under R 325.77109d, then an employee shall be removed from areas where exposures may exceed the action level until the physician makes a determination under subrule (2) of this rule.

(2)    Following the examination and evaluation by a hematologist or internist, a decision to remove an employee from areas where benzene exposure is above the action level or to allow the employee to return to areas where benzene exposure is above the action level shall be made by the physician in consultation with a hematologist or internist. The physician shall communicate the decision, in writing, to the employer and employee. In the case of removal, the physician shall state the required probable duration of removal from occupational exposure to benzene above the action level and the requirements for future medical examinations to review the decision.

(3)   If an employee is removed under subrule (2) of this rule, then an employer shall provide a follow-up examination. The physician, in consultation with a hematologist or internist, shall make a decision, within 6 months of the date an employee was removed, as to whether the employee may be returned to his or her usual job or whether the employee should be removed permanently.

(4)   If an employee is temporarily removed from benzene exposure under subrule (1) or (2) of this rule, then an employer shall transfer the employee to a comparable job for which the employee is qualified or which the employee can be trained for in a short period and where benzene exposures are as low as possible, but not higher than the action level. An employer shall maintain the employee's current wage rate, seniority, and other benefits. If no such job is available, then an employer shall provide medical removal protection benefits until a job becomes available or for 6 months, whichever comes first.

(5)    If an employee is removed permanently from benzene exposure based on a physician's recommendation under subrule (3) of this rule, then an employee shall be given the opportunity to transfer to another position which is available or later becomes available for which the employee is qualified or which the employee can be trained for in a short period and where benzene exposures are as low as possible, but not higher than the action level. An employer shall ensure that the employee does not suffer a reduction in current wage rate, seniority, or other benefits as a result of the transfer.

History: 2014 AACS.