BDMS Occupational Health


OEM RELATED LAW AND REGULATIONS

The OEM physician complies with and has the knowledge and skills to help bring organizations into compliance with state and federal regulations relating to OEM, as well as general public health laws. The physician is further able to effectively utilize the services of government agencies to facilitate the protection of worker and public health.

The OEM physician is a recognized expert on issues relating to the causation of occupational and environmental injuries and illnesses, as well as the ability to perform work with or without reasonable accommodations. As a result, the physician is frequently called upon to provide expert testimony, to draft reports that render an unbiased expert opinion on contested cases, and to provide peer review.

1. Comply with and explain applicable regulations, as well as their interpretation and enforcement, to employers, employees, and patients.

2. Respond to the requirements of employee/community right-to-know regulations and advise individuals about their rights to access information.

Worker Right to Know - US OSHA Hazard Communication Standard

Community Right to Know - US EPA Emergency Planning and Community Right-to-Know Act (EPCRA) of 1986

3. Understand and protect patients’ legal rights to confidentiality of medical records information.

4. Recognize and address ethical dilemmas in the practice of OEM, using relevant guidelines, such as the ACOEMAssociation of Occupational and Environmental ClinicsInternational Commission on Occupational Health, and AMA codes of ethics.

  • Educate employers, clients, attorneys, employees, and their representatives on the ethical issues and the codes that apply to the practice of OEM.

5. Advise employees and employers about the basic elements of workers’ compensation (WC) law, complete the necessary forms, and file WC claims.

6. Report cases of occupational injury, illness, and/or death according to existing regulations.

US OSHA Occupational Injury and Illness Recording and Reporting Requirements

US DOL Bureau of Labor Statistics

US NIOSH State Surveillance Program

7. Provide medical-legal reports and expert opinions and testimony on OEM issues.

8. Advise on policies and procedures relating to the protection of fertility for both men and women and for the placement of pregnant or lactating workers.

US NIOSH Workplace Reproductive Health

9. Explain the rights of an employee or citizen in requesting assistance from a government agency or in filing a complaint.

US OSHA Worker Rights

US OSHA Complaint Process

Public Health Law Academy

The Public Health Law Academy, supported by the Centers for Disease Control and Prevention (CDC), provides a deeper understanding of the use of law and policy to improve population health outcomes. Developed in cooperation with ChangeLab Solutions, the free and easy-to-use online trainings offered by the Public Health Law Academy are essential for all public health professionals.

http://changelabsolutions.org/public-health-law-academy