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Session Laws, 1988
Volume 770, Page 5498   View pdf image
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EXECUTIVE ORDERS

(b) Type "C" pressure demand supplied air
respirators with full facepieces approved by the Mine Safety
and Health Administration and the National Institute for
Occupational Safety and Health described in the Asbestos
Safety and Health Program Policy and Procedures Manual shall
be used by employees performing Level II type activities.

(3) The Secretary of Licensing and Regulation is
responsible for coordinating the safety and equipment
provisions of this section, and exceptions to any provisions
of this section can be authorized only by the Secretary of
Licensing and Regulation or his designee, or by the full
committee.

D. Medical Monitoring and Training Program.

(1) Medical Monitory Requirements.

(a)  The Secretary of the Department of the
Environment shall oversee the preplacement, periodic and
post-employment examinations in accordance with the Asbestos
Safety and Health Program for Level II employees described
in Section D(2)(c) of this Executive Order.

(b)  Participation in the Medical Monitoring
Program.

(i) Employees agreeing to work in positions
which involve incidental exposure to asbestos, after
successfully completing a formal asbestos training program,
must participate in the medical monitoring program.

(ii) 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.

(iii) If an employee refuses to work with
asbestos, he or she will not be eligible for medical
monitoring, except as provided in subsection (l)(e) of this
section. The refusal shall be documented.

(c)  Discrimination involving Medical Examination.
Any employee found to be unable to wear a respirator, or who
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.

(d)  Partial Disability Involving Asbestos-Related
Disease. If an employee's disability is detected during
asbestos medical monitoring, reasonable accommodations shall
be made for the employee so far as is practicable up to and
including job transfers.

- 5498 -

 

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Session Laws, 1988
Volume 770, Page 5498   View pdf image
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