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2552 EXECUTIVE ORDERS
4(b)(3) of this Executive Order.
(2) Participation in the Medical Monitoring Program
(i) If an employee agrees to work in a position
which involves incidental exposure to asbestos after
completing a formal asbestos training program, medical
monitoring is mandatory.
(b) An employee who participates in the medical
monitoring program, but refuses any or all components of the
examination, shall be advised that the refusal may
compromise his health status.
(c) If an employee refuses to work with
asbestos, he or she will not be eligible for medical
monitoring, except as provided in subsection (a)(5) of this
section. The refusal shall be documented.
(3) Discrimination Involving Medical Examination
Any employee found to be unable to wear a
respirator, or is otherwise unfit for potential asbestos
exposure, may not be permitted to work with asbestos. the
employee may not be subjected to adverse personnel action
because of his or her inability to be exposed to asbestos.
(4) Partial Disability Involving Asbestos-Related
Disease
If an employee's asbestos-related disability is
detected during asbestos medical monitoring, the employee
shall be transferred to a job within his or her capacity.
(5) Past Exposure to Asbestos
If an employee can document previous Level II
exposure as a State employee but no longer works with
asbestos, he or she may volunteer to receive medical
monitoring from the State.
(6) Confidentiality of Medical Data
(i) The confidentiality of all medical records
will be assured by maintaining medical records separately
from personnel records and limiting access to those records
to medical personnel and the employee or his or her
designated representative.
(ii) Any reports to management concerning
medical examinations for the purposes of carrying out the
Asbestos Safety and Health Program will contain only
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