There seems to be some disagreement between our mariners and management whether or not the provisions contained CFR 29 apply to the offshore maritime industry. Does anybody have any information one way or the other.
Mainly the part that states fit testing “shall be administered confidentially during the employee’s normal working hours or at a time and place convenient to the employee.”
Title 29: Labor PART 1910—OCCUPATIONAL SAFETY AND HEALTH STANDARDS
Subpart I—Personal Protective Equipment
§1910.134 Respiratory protection.
(1) General. The employer shall provide a medical evaluation to determine the employee’s ability to use a respirator, before the employee is fit tested or required to use the respirator in the workplace. The employer may discontinue an employee’s medical evaluations when the employee is no longer required to use a respirator.
(2) Medical evaluation procedures. (i) The employer shall identify a physician or other licensed health care professional (PLHCP) to perform medical evaluations using a medical questionnaire or an initial medical examination that obtains the same information as the medical questionnaire.
(ii) The medical evaluation shall obtain the information requested by the questionnaire in Sections 1 and 2, part A of appendix C of this section.
(3) Follow-up medical examination. (i) The employer shall ensure that a follow-up medical examination is provided for an employee who gives a positive response to any question among questions 1 through 8 in Section 2, part A of appendix C or whose initial medical examination demonstrates the need for a follow-up medical examination.
(ii) The follow-up medical examination shall include any medical tests, consultations, or diagnostic procedures that the PLHCP deems necessary to make a final determination.
(4) Administration of the medical questionnaire and examinations. (i) The medical questionnaire and examinations shall be administered confidentially during the employee’s normal working hours or at a time and place convenient to the employee. The medical questionnaire shall be administered in a manner that ensures that the employee understands its content.
(ii) The employer shall provide the employee with an opportunity to discuss the questionnaire and examination results with the PLHCP.