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Preliminary enforcement data from fiscal year (FY) 2022 shows that the healthcare and social assistance industry took in 63 percent of the Bloodborne Pathogens (BBP) Standard violations. That means 37 percent of the violations went to industries other than healthcare and social assistance, but what were those industries? The data for FY2022 show that the remaining industries included those listed below:

  • NAICS 311 � Food Manufacturing
  • NAICS 325 � Chemical Manufacturing
  • NAICS 332 � Fabricated Metal Product Manufacturing
  • NAICS 333 � Machinery Manufacturing
  • NAICS 337 � Furniture and Related Product Manufacturing
  • NAICS 339 � Miscellaneous Manufacturing
  • NAICS 423 � Merchant Wholesalers, Durable Goods
  • NAICS 424 � Merchant Wholesalers, Nondurable Goods
  • NAICS 441 � Motor Vehicle and Parts Dealers
  • NAICS 446 � Health and Personal Care Stores
  • NAICS 447 � Gasoline Stations
  • NAICS 453 � Miscellaneous Store Retailers
  • NAICS 493 � Warehousing and Storage
  • NAICS 541 � Professional, Scientific, and Technical Services
  • NAICS 561 � Administrative and Support Services
  • NAICS 562 � Waste Management and Remediation Services
  • NAICS 713 � Amusement, Gambling, and Recreation Industries
  • NAICS 712 � Museums, Historical Sites, and Similar Institutions
  • NAICS 721 � Accommodation
  • NAICS 812 � Personal and Laundry Services
  • NAICS 813 � Religious, Grantmaking, Civic, Professional, and Similar Organizations
  • NAICS 928 � National Security and International Affairs

BBP Standard is not just a healthcare regulation

The above list of violators makes it clear that 29 CFR 1910.1030 does not just apply to the healthcare industry as one might think. Instead, the regulation may also apply to any general or shipyard industry, including, but not limited to, manufacturing, wholesale trade, retail, warehousing, technical services, administrative services, waste and remediation, arts and entertainment, accommodation, services, and public administration.

In fact, OSHA�s BBP Standard is specifically meant to protect general industry and shipyard workers from exposure to hepatitis B, hepatitis C, HIV, and other microorganisms that are transmitted through blood or certain other body fluids.

Applicability is about �occupational exposure�

According to the regulation, 1910.1030 �applies to all occupational exposure to blood or other potentially infectious materials . . .� That means if your organization has one or more employees with �occupational exposure,� it falls under the BBP Standard.

While an �exposure incident� is actual contact with blood or �other potentially infectious material� (or OPIM), �occupational exposure,� on the other hand, is reasonably anticipated contact with blood or OPIM. In addition to being reasonably anticipated, that contact must result from the performance of an employee�s duties. You likely would not reasonably anticipate an office worker to have contact with blood or OPIM, but if you designate the office worker to perform first aid involving blood-related injuries of coworkers, for example, then that employee is considered to have occupational exposure.

It�s worth noting that 1910.1030 does not cover good Samaritans. No employer can anticipate good Samaritan acts, so no employer can anticipate these types of exposures. Anyone who voluntarily assists a person at work is not covered, unless he or she is designated or expected de facto to assist workers.

Which jobs are covered?

Perhaps one of the reasons the BBP Standard is violated outside of the healthcare industry is because OSHA does not spell out which jobs or tasks have occupational exposure, so you, the employer have to determine whether your workers � housekeepers, maintenance workers, security personnel, or any others � have occupational exposure by definition. Some of the occupations that are often (but not always) associated with occupational exposure include:

  • First aiders
  • Healthcare workers
  • Housekeepers
  • Laundry workers
  • Custodians and maintenance workers
  • Trash haulers/sorters
  • Plumbers
  • Fire brigade members and firefighters
  • Law enforcement
  • Security personnel
  • Lab technicians

Still, it�s important for you, the employer, to make an exposure determination for the jobs and tasks in each workplace. See 1910.1030(c)(2) for more information.

Key to remember

The latest list of violators makes it clear that 1910.1030 does not just apply to the healthcare industry. That means if your organization has one or more employees with occupational exposure, it falls under the BBP Standard.