The employer must ensure the employee receives the licensed physician’s written medical report within 45 days of the exam, and the employer must obtain the PLHCP’s written medical opinion for the employer within 45 days as well. See 1910.1024(k)(5) and 1910.1024(k)(6).
What the employee’s written medical report must include (per 1910.1024(k)(5)):
- A statement of the examination results and the physician’s opinion about any detected medical condition (for example, confirmed beryllium sensitization or CBD) that may increase risk from further airborne exposure (1910.1024(k)(5)(i)).
- Any medical conditions related to airborne exposure that require further evaluation or treatment (1910.1024(k)(5)(i)(B)).
- Any recommendations on respirator or protective clothing/equipment use, or limitations on airborne exposure (1910.1024(k)(5)(ii)(A)-(B)).
- If the employee is confirmed positive or diagnosed with CBD (or the physician deems it appropriate), a referral for evaluation at a CBD diagnostic center, recommendation for continued surveillance, and recommendation for medical removal when applicable (1910.1024(k)(5)(iii)-(v)).
- The PLHCP must also explain the exam results to the employee and provide the report within 45 days (1910.1024(k)(5)).
What the written medical opinion to the employer may contain (limited by 1910.1024(k)(6)):
- Only the date of the exam and a statement that the exam met the standard’s requirements (1910.1024(k)(6)(i)(A)-(B)).
- Any recommended limitations on the employee’s use of respirators or protective clothing/equipment, and a statement that the PLHCP explained results to the employee (1910.1024(k)(6)(i)(C)-(D)).
- The PLHCP may include additional information—such as recommended limitations on airborne exposure, referrals to a CBD diagnostic center, recommendations for continued surveillance, or medical removal—only if the employee provides written authorization to release that information to the employer (1910.1024(k)(6)(ii)-(v)).
Additional timing for CBD diagnostic centers: if a referral to a CBD diagnostic center is made, the employer must provide the CBD evaluation at no cost and schedule it within 30 days of receipt of the referral recommendation or written report, and the CBD center must issue its written report within 30 days of the exam (1910.1024(k)(7)).
In short: provide the employee report and explain results within 45 days; give the employer the limited written opinion within 45 days; and follow the faster 30-day timelines when a CBD diagnostic center evaluation is involved.