Dan Markiewicz, MS, CIH, CSP, President Markiewicz & Associates
Session Summary: This session summarizes what an industrial hygienist may specify as a reasonable accommodation under PWFA law when a pregnant worker is exposed to a toxic substance or harmful physical agent.
Supplemental Information: An “industrial hygienist” is included as a “Health Care Provider” (HCP) at 29 CFR 1636.3(l)3 within the Pregnant Workers Fairness Act (PWFA) 2024 final rules. In the HCP role, the IH is expected to help determine reasonable accommodations, if any, for a pregnant worker’s exposure to a toxic substance or harmful physical agent as defined at OSHA’s 29 CFR 1910.1020 (c)(13). Chemicals, mold, noise, heat, cold, repetitive motion, and ionizing and non-ionizing radiation are examples of these agents.
Impact on NW Ohio workplaces: The federal PWFA applies to employers with 15 or more employees, including private and public sector employers, federal agencies, employment agencies and labor organizations. There are approximately three million establishments, and many NW Ohio workplaces, within these categories. Annually, the PWFA provides reasonable accommodation rights to about 1.5 million pregnant workers.
Reference Material: HCPs recognized by the PWFA promote the use of a model one-page form that lists their titles, including an industrial hygienist, to document and certify their involvement. The document is found at PWFA-Medical-Certification-Form.pdf. It is anticipated that one million or more PWFA covered workplaces, including many within the NW Ohio area, may adopt or encounter the form within the next two years. Proper application of the form helps to protect the pregnant worker’s health and the health of their pregnancy.
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