42 C.F.R. § 85.4
Acting on requests
(a) Upon receipt of a request for health hazard evaluation submitted under this part, NIOSH will determine whether or not there is reasonable cause to justify conducting an investigation.
(b) If NIOSH determines that an investigation is justified, a NIOSH officer will inspect the place of employment, collect samples where appropriate, and perform tests necessary to the conduct of a health hazard evaluation, including medical examinations of employees.
(c) If NIOSH determines that an investigation is not justified, the requester will be notified in writing of the decision.
Notes of Decisions
Cited in 3
cases, 1980–1981 · leading case: In Re Establishment Inspection of Inland Steel Co., 492 F. Supp. 1310 (N.D. Ind. 1980).
In Re Establishment Inspection of Inland Steel Co., 492 F. Supp. 1310 (N.D. Ind. 1980). “NIOSH regulations, however, do provide for such medical examinations, 42 C.F.R. §§ 85.4 (a), 85.7(c), 85.8, and also authorize NIOSH employees to “review records required by the Act and regulations, and other related records,” 42 C.”
In Re Establishment Inspection of Keokuk Steel Castings, 493 F. Supp. 842 (S.D. Iowa 1980). “Wright also alleged employees are suffering from “extreme irritation, nausea, headaches, blurred vision, and other symptoms” and are concerned with “potential long-term lung damage from the isocynate systems used, permanent eye, heart, and other damage from aliphatic amines, and…”
S. Indiana Gas & Elec. Co. v. Dir., Nat'l Inst. for Occupational Saf., 522 F. Supp. 850 (S.D. Ind. 1981). “: To enter without delay any place of employment for the purpose of conducting . . . medical examinations, anthropometric measurements, and functional tests of employees within the place of employment .”
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