Lead Paint Removal >> How To Remove Structural Lead Paint

Return of the Employee to Former Job Status. (A) The employer shall return an employee to his or her former job status: 1. For an employee removed due to a blood lead-level at or above 80 µg/100 g when two consecutive blood sampling tests indicate that the employee's blood lead level is at How To Remove Structural Lead Paint or below 60 µg/100 g of whole blood; 

2. For an employee removed due to a blood lead level at or above 70 µg/100 g when two consecutive blood sampling tests indicate that the employee's blood lead level is at or below 50 µg/100 g of whole blood; 3. For an employee removed due to a blood lead level at or How To Remove Structural Lead Paint above 60 µg/100 g or due to an average blood lead level at or above 50 µg/100 g when two consecutive blood sampling tests indicate that the employee's blood lead level is at or below 40 µg/100 g of whole blood; and 

4. For an employee removed due to a final medical determination, when a subsequent final medical determination results in a medical finding, determination, or How To Remove Structural Lead Paint opinion that the employee no longer has a detected medical condition which places the employee at increased risk of material impairment to health from exposure to lead. 

(B) For the purposes of this section, the requirement that an employer return an employee to his or her former job status is not intended to expand upon or restrict any rights an employee has or would have had, How To Remove Structural Lead Paint absent temporary medical removal, to a specific job classification or position under the terms of a collective bargaining agreement. 

(4) Removal of Other Employee Special Protective Measures or Limitations. The employer shall remove any limitations placed on an employee or How To Remove Structural Lead Paint end any special protective measures provided to an employee pursuant to a final medical determination when a subsequent final medical determination indicates that the limitations or special protective measures are no longer necessary. 

(5) Employer Options Pending a Final Medical Determination. Where the multiple physician review mechanism, or How To Remove Structural Lead Paint alternate medical determination 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: 

(A) Removal. The employer may remove the employee from exposure to lead, provide special protective measures to the employee, or place limitations upon the employee, How To Remove Structural Lead Paint consistent with the medical findings, determinations, or recommendations of any of the physicians who have reviewed the employee's health status. 

(B) Return. The employer may return the employee to his or her former job status, How To Remove Structural Lead Paint end any special protective measures provided to the employee, and remove any limitations placed upon the employee, consistent with the medical findings, determinations, or recommendations of any of the physicians who have reviewed the employee's health status. 

EXCEPTIONS: (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 How To Remove Structural Lead Paint recommendations of the initial physician. (2) If the employee has been on removal status for the preceding eighteen months due to an elevated blood lead level, the employer shall await a final medical determination. 

(6) Medical Removal Protection Benefits. (A) Provision of Medical Removal Protection Benefits. The employer shall provide to an employee up to eighteen (18) months of medical removal protection benefits on each occasion that an employee is removed from exposure to lead or otherwise limited pursuant to this section. 

(B) Definition of Medical Removal Protection Benefits. For the purposes of this section, the requirement that an employer provide medical removal protection benefits means that the employer shall maintain the earnings, How To Remove Structural Lead Paint seniority and other employment rights and benefits of an employee as though the employee had not been removed from normal exposure to lead or otherwise limited. 

(C) Follow-Up Medical Surveillance During the Period of Employee Removal or Limitation. During the period of time that an employee is removed from normal exposure to lead or otherwise limited, How To Remove Structural Lead Paint the employer may condition the provision of medical removal protection benefits upon the employee's participation in follow-up medical surveillance made available pursuant to this section. 

(D) Worker's Compensation Claims. If a removed employee files a claim for worker's compensation payments for a lead-related disability, How To Remove Structural Lead Paint then the employer shall continue to provide medical removal protection benefits pending disposition of the claim. To the extent that an award is made to the employee for earnings lost during the period of removal, the employer's medical removal protection obligation shall be reduced by such amount. 

The employer shall receive no credit for worker's compensation payments received by the How To Remove Structural Lead Paint employee for treatment related expenses. (E) Other Credits. The employer's obligation to provide medical removal protection benefits to a removed employee shall be reduced to the extent that the employee receives compensation for earnings lost during the period of removal.

Either from a publicly or employer funded compensation program, or How To Remove Structural Lead Paint receives income from employment with another employer made possible by virtue of the employee's removal. (F) Employees Whose Blood Lead Levels Do Not Adequately Decline Within 18 Months of Removal. 

The employer shall take the following measures with respect to any employee removed from How To Remove Structural Lead Paint exposure to lead due to an elevated blood lead level whose blood lead level has not declined within the past eighteen (18) months of removal so that the employee has been returned to his or her former job status. 

1. The employer shall make available to the employee a medical examination pursuant to this section to obtain How To Remove Structural Lead Paint a final medical determination with respect to the employee. 2. The employer shall assure that the final medical determination obtained indicates whether or not the employee may be returned to his or her former job status, and if not, what steps should be taken to protect the employee's health. 

3. Where the final medical determination has not yet been obtained, or once obtained indicates that the employee may not yet be returned to his or her former job status, How To Remove Structural Lead Paint the employer shall continue to provide medical removal protection benefits to the employee until either the employee is returned to former job status, or a final medical determination is made that the employee is incapable of ever safely returning to his or her former job status.

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