Suspend employment?

Okay, guys...here's one for you. I have two employees who work in depts. requiring the use of respirators. One in the paint dept., one in fiberglass. We recently performed 'respirator evaluations' (we do this annually) and both failed. The lab that performed the tests said each employee needs to see their own physician for further evaluation. My question: 1) Should I send these guys home until they are cleared by another physician? It MAY or MAY NOT be job related, Neither one had respiratory problems listed on their pre-employment physicals or in any other medical records in their files, which makes it look like they've developed problems since last year's testing. 2) Does anyone know the OSHA requirement in this situation? 3) Should I send them to a Company doctor incurring expense and suggesting work related illness? I need to know whether to let them continue to work real soon....please advise. (Both emloyees have been here 2 years.)

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  • I assume you have job-related medical "standards" for which the employee is medically examined prior to start date -- and that the employee must pass those standards to be determined to be ABLE to perform the job without undue hazard to him/herself or other (nothing withstanding the debate over "hazard to oneself" under ADA).

    Is this test a "medical examination"" that you regularly do?

    If the employee is regularly tested and fails to meet the "respirator" medical standard, then the employee CAN'T do the job without being undue hazard.
    It's not a question of being a workers' comp injury or not at this point. It's a medical standards issue.

    1) You may want to temporarily re-assign the employees to other positions that don't require passing the respirator medical standard. Don't cut pay or "bene's" at this point since everything is still up in the air.

    2) You should find out what the exact problem is and how the employee gets it corrected. Your medical consultants should advise you and perhaps send the employee to company-paid physician. Or you may want to contact the employee's doctor, with the employer covering the bill, and have the employee's doctor issue a clean bill of health to allow the employee to go back to this regular job.

    But make sure that your respirator medical standard is really job related.
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