The OSHA Cadmium Biological Monitoring Advisor makes determinations required by the
general industry Cadmium Standard, and cites the applicable provisions of that
Standard. The construction industry Cadmium Standard uses the same criteria used in
the general industry Cadmium Standard to make determinations based on biological
monitoring. However, this Advisor does not reference or cite the applicable
provisions of the construction industry Cadmium Standard. Consequently, anyone using
this Advisor in association with the construction industry Cadmium Standard must find
the corresponding provisions manually. (You can use Ctrl + F to find a line of text
once in 29 CFR 1926.1127.)
Furthermore, there are important differences between the general industry and
construction Cadmium Standards, especially concerning:
- the timing of actions triggered by medical surveillance, and
- an employee's duties to inform the employee regarding the lab results.
The following table describes these differences:
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Medical surveillance provisions are equivalent except for the
following:
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General Industry
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Construction
Industry
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29 CFR 1910.1027(l)(5)(i)
The employer within
30 days shall reassess the employee’s occupational exposure to cadmium.
29 CFR 1910.1027(l)(5)(i)(B)
Within 30 days
after the reassessment, take all reasonable steps to correct the deficiencies
found in the reassessment that may be responsible for the employer’s excess
exposure to cadmium.
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29 CFR 1926.1127(l)(5)(i)
No time limit
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29 CFR 1910.1027(l)(11)(i)(D)
Employer shall provide biological monitoring in accordance
with (l)(2)(ii)(B) quarterly and follow
up medical examinations semi-annually.
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29 CFR 1926.1127(l)(11)(i)(D)
Employer shall provide follow up medical examinations semi-annually.
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29 CFR 1910.1027(l)(15)(i)
The employer shall provide a copy of the physician's
written medical opinion to the examined employee within two weeks after receipt thereof.
29 CFR 1910.1027(l)(15)(ii)
The employer shall provide the employee with a copy of the
employee’s biological monitoring results and an explanation sheet explaining
the results within two weeks after
receipt thereof.
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29 CFR 1926.1127(l)(15)(i)
The employer shall provide a copy of the physician’s
medical opinion to the examined employee within
five working days after receipt thereof.
29 CFR 1926.1127(l)(15)(ii)
The employer shall provide the employee with a copy of the
employee’s biological monitoring results and an explanation sheet explaining
the results within five working days
after receipt thereof.
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Therefore, anyone who uses this Advisor to analyze biological monitoring results
for workers exposed to cadmium in the construction industry should be highly familiar
with specific requirements of the construction industry Cadmium Standard. They must
be able to find, manually, the biological monitoring provisions in the construction
industry Cadmium Standard that correspond to the biological monitoring provisions in
the general industry Cadmium Standard, and recognize how biological monitoring results
relate to other provisions of the construction industry Cadmium Standard that may differ
from corresponding provisions in the general industry Cadmium Standard.