Bloodborne pathogens for construction activities

Scope

This topic applies to all construction jobsites with one or more employees with occupational exposure (as defined below).

Regulatory citations

• 29 CFR 1926.21 — Safety training and education
• 29 CFR 1926.25 — Housekeeping
• 29 CFR 1926.28 — Personal protective equipment
• 29 USC 654 — Duties of employers and employees (including Pub. L. 91–596 “OSH Act of 1970” 5(a)(1), the “General Duty Clause”)

Key definitions

• Blood: Human blood, human blood components, and products made from human blood.
• Bloodborne pathogens: Pathogenic microorganisms that are present in human blood and can cause disease in humans. These pathogens include, but are not limited to, hepatitis B virus (HBV) and human immunodeficiency virus (HIV).
• Occupational exposure: Reasonably anticipated skin, eye, mucous membrane, or parenteral contact with blood or other potentially infectious materials that may result from the performance of an employee’s duties.
• Other potentially infectious materials (OPIM): Includes: (1) The following human body fluids: semen, vaginal secretions, cerebrospinal fluid, synovial fluid, pleural fluid, pericardial fluid, peritoneal fluid, amniotic fluid, saliva in dental procedures, any body fluid that is visibly contaminated with blood, and all body fluids in situations where it is difficult or impossible to differentiate between body fluids; (2) Any unfixed tissue or organ (other than intact skin) from a human (living or dead); and (3) HIV-containing cell or tissue cultures, organ cultures, and HIV- or HBV-containing culture medium or other solutions; and blood, organs, or other tissues from experimental animals infected with HIV or HBV.
• Regulated waste: Liquid or semi-liquid blood or other potentially infectious materials; contaminated items that would release blood or other potentially infectious materials in a liquid or semi-liquid state if compressed; items that are caked with dried blood or other potentially infectious materials and are capable of releasing these materials during handling; contaminated sharps; and pathological and microbiological wastes containing blood or other potentially infectious materials.

Summary of requirements

Employers must:

• Provide hepatitis B virus vaccination and follow–up for designated first-aid providers in the event of an exposure incident.
• Provide basic instruction in bloodborne hazards. Instruct each employee in the recognition and avoidance of unsafe conditions (such as the presence of blood or OPIM) and the regulations applicable to the work environment to control and eliminate any hazards or other exposure to illness or injury.
• Require the wearing of appropriate personal protective equipment in operations where there is an exposure to hazardous conditions, such as bloodborne pathogens.
• Provide containers for the collection and separation of waste, such as contaminated sharps containers or other regulated waste containers, if applicable.

Note: A January 26, 1993, OSHA letter of interpretation explains that construction employers may also be required to provide the hepatitis B vaccine to employees (such as designated first aiders) who have occupational exposure. This requirement is part of the employer’s general duty to protect employees from recognized, serious hazards, per Section 5(a)(1) of the Occupational Safety and Health Act.