July 2, 1991

Dr. Barry Pinchefsky
Medical Director
Plant Compliance Consultants, Inc.
Suite 406
110 West 34th Street
New York, New York 10001

Dear Dr. Pinchefsky:

This is in response to your letter of April 18, concerning the standard for medical services and first aid (29 CFR 1910.151).

According to 29 CFR 1910.151(a), "The employer shall ensure the ready availability of medical personnel for advice and consultation on matters of plant health." You inquired whether the fact that a hospital, infirmary, or clinic is located in near proximity to the work place (across the street) is a sufficient condition to constitute compliance with the provision, or is a specific agreement between the employer and medical facility necessary? The employer must determine if a special agreement with the medical facility is necessary in order to ensure the ready availability of medical personnel for advice and consultation on matters of plant health. If a special agreement is necessary to attain such an arrangement, then it is required. If a special agreement is not necessary to attain such an arrangement, then it is not required.

According to 29 CFR 1910.151(b), "In the absence of an infirmary, clinic, or hospital in the near proximity to the workplace which is used for the treatment of all injured employees, a person or persons shall be adequately trained to render first-aid. Adequate first-aid supplies approved by the consulting physician shall be readily available." You inquired if the employer is still obligated to (1) train a person or persons to render first-aid and (2) have first-aid supplies approved by the consulting physician readily available if a medical facility is in near proximity to the workplace. In this case, it is not necessary for the employer to follow either course of action if a nearby medical facility is used for the treatment of all injured employees.

[This document was edited on 09/28/00 to strike information that no longer reflects current OSHA policy.]

The penalty for violating 29 CFR 1910.151(a) or (b) depends on the nature of the violation and the facts of the case. The amended Section 17 of the Occupational Safety and Health Act of 1970 is enclosed to provide an explanation of the penalty range.

We appreciate the opportunity to clarify this matter for you.

Sincerely,

Patricia K. Clark, Director
Directorate of Compliance Programs

Enclosure

April 18, 1991

Legal Department
Occupational Safety & Health Administration
U.S. Department of Labor
200 Constitution Ave, N.W.
Washington, D.C. 20210

Dear O.S.H.A. Legal Department:

May we please have clarification on the following O.S.H.A. regulations:

Sec. 1910.151 (a)

"The employer shall ensure the ready availability of medical personnel for advice and consultation on matters of plant health."

In a case where a hospital, infirmary or clinic is in near proximity to the work place (across the street), and in the absence of a specific contractual agreement between the employer and the medical facility, does the fact that the medical facility is near-by constitute compliance with O.S.H.A. regulation 1910.151 (a), or is a specific agreement between the employer and the medical facility required in order to comply with this regulation?

Sec. 1910.151 (b)

"In the absence of an infirmary, clinic, or hospital in the near proximity to the workplace which is used for the treatment of all injured employees, a person or persons shall be adequately trained to render first- aid. First-aid supplies approved by the consulting physician shall be readily available."

In a case where a medical facility is near-by, does the fact that the medical facility is near-by constitute compliance with O.S.H.A. regulation 1910.151 (b), or is the employer still obligated to train a person or persons to render first-aid?

In a case where a medical facility is near-by, does the fact that the medical facility is near-by constitute compliance with O.S.H.A. regulation 1910.151(b), or is the employer still obligated to have first-aid supplies approved by the consulting physician readily available?

How much is the statutory fine for violation of O.S.H.A. regulations 1910.151(a) & (b)?

Sincerely,

Dr. Barry Pinchefsky