OSHA

No. The standard requires the employer to make available an additional examination with a specialist only if the PLHCP’s written medical opinion for the employer indicates that the employee should be examined by a specialist. See 29 C.F.R. § 1926.1153(h)(7)(i). And the employee must provide written authorization before the PLHCP’s written medical opinion for the employer may include a recommendation for a specialist examination. See 29 C.F.R. § 1926.1153(h)(6)(ii)(B). Thus, if the PLHCP’s opinion for the employer does not contain the PLHCP’s recommendation for a specialist examination because the employee did not authorize the employer to receive it, then the employer is not responsible for offering additional examinations. See 81 Fed. Reg. at 16837.