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1910.1050(m)(9)(iv) Employer Options Pending a Final Medical Determination
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Where the physician review mechanism used pursuant to the medical surveillance provisions of this section, has not yet resulted in a final medical determination with respect to an employee, the employer shall act as follows:
1910.1050(m)(9)(iv)(A) Removal
The employer may remove the employee from exposure to MDA, provide special protective measures to the employee, or place limitations upon the employee, consistent with the medical findings, determinations, or recommendations of any of the physicians who have reviewed the employee's health status.
1910.1050(m)(9)(iv)(B) Return
The employer may return the employee to his or her former job status, and end any special protective measures provided to the employee, consistent with the medical findings, determinations, or recommendations of any of the physicians who have reviewed the employee's health status, with two exceptions.
1910.1050(m)(9)(iv)(B)(1)
If the initial removal, special protection, or limitation of the employee resulted from a final medical determination which differed from the findings, determinations, or recommendations of the initial physician; or
1910.1050(m)(9)(iv)(B)(2)
If the employee has been on removal status for the preceding six months as a result of exposure to MDA, then the employer shall await a final medical determination.
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