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Code of Federal Regulations Pertaining to ESA |
| Employees' Benefits |
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| Office of Workers' Compensation Programs, Department of Labor |
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| Claims for Compensation Under the Federal Employees' Compensation Act, As Amended |
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| Medical and Related Benefits |
20 CFR 10.303 - Should the employer use a Form CA-16 to authorize medical testing when an employee is exposed to a workplace hazard just once?
- Section Number: 10.303
- Section Name: Should the employer use a Form CA-16 to authorize medical testing when an employee is exposed to a workplace hazard just once?
(a) Simple exposure to a workplace hazard, such as an infectious
agent, does not constitute a work-related injury entitling an employee
to medical treatment under the FECA. The employer therefore should not
use a Form CA-16 to authorize medical testing for an employee who has
merely been exposed to a workplace hazard, unless the employee has
sustained an identifiable injury or medical condition as a result of
that exposure. OWCP will authorize preventive treatment only under
certain well-defined circumstances (see Sec. 10.313).
(b) Employers may be required under other statutes or regulations to
provide their employees with medical testing and/or other services in
situations described in paragraph (a) of this section. For example,
regulations issued by the Occupational Safety and Health Administration
at 29 CFR chapter XVII require employers to provide their employees with
medical consultations and/or examinations when they either exhibit
symptoms consistent with exposure to a workplace hazard, or when an
identifiable event such as a spill, leak or explosion occurs and results
in the likelihood of exposure to a workplace hazard. In addition, 5
U.S.C. 7901 authorizes employers to establish health programs whose
staff can perform tests for workplace hazards, counsel employees for
exposure or feared exposure to such hazards, and provide health care
screening and other associated services.
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