California Code of Regulations: Employers Required to Follow Asbestos
Read the California Code of Regulations regarding asbestos disease here. This
section details the duties of employers in trades where their employees are at
risk for exposure to asbestos, a dangerous carcinogen known to cause
mesothelioma, lung cancer and asbestosis.
The employer is required to make the prescribed tests available at least
annually to those employees covered; more often than specified if recommended by
the examining physician; and upon termination of employment.
The employer is required to provide the physician with the following
information: a copy of this standard and appendices; a description of the
employee's work assignments as they relate to asbestos exposure; the employee's
representative level of exposure to asbestos; a description of any personal
protective and respiratory equipment used; and information from previous medical
examinations of the affected employee that is not otherwise available to the
physician. Making this information available to the physician will aid in the
evaluation of the employee's health in relation to assigned duties and fitness
to wear personal protective equipment, if required.
The employer is required to obtain a written opinion from the examining
physician containing the results of the medical examination; the physician's
opinion as to whether the employee has any detected medical conditions that
would place the employee at an increased risk of exposure-related disease; any
recommended limitations on the employee or on the use of personal protective
equipment; and a statement that the employee has been informed by the physician
of the results of the medical examination and of any medical conditions related
to asbestos exposure that require further explanation or treatment. This written
opinion must not reveal specific findings or diagnoses unrelated to exposure to
asbestos, and a copy of the opinion must be provided to the affected employee.
NOTE: Authority cited: Section 142.3, Labor Code. Reference: Section 142.3,
Courtesy of the California Code of Regulations: http://www.dir.ca.gov/Title8/5208h.html
Other helpful links:
Asbestos and lung cancer Asbestos and lung
Mesothelioma attorney Mesothelioma
Asbestos attorney Asbestos attorney