Is an employer subject to a possible citation if an employee fails to follow a recommended work restriction by a physician or other licensed health care professional?
Answer No. Section 14300.7 (b)(4)(H) of the new Cal/OSHA recordkeeping regulation states “the employer should ensure that the employee complies with a recommended work restriction”. However, this language is advisory only and does not impose and enforceable duty on employers to ensure that employees comply with recommended restrictions.
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