Bloodborne pathogens - Washington

Washington’s state requirements regarding bloodborne pathogens include a substantial amount of regulatory information beyond the federal requirements. A summary of the additional requirements includes the following:

• Washington state, unlike federal OSHA, includes the following additional terms in its definitions sections at WAC 296-823-099 and WAC 296-823-100: Occupations that are typically covered by this chapter, Safer medical devices, Secondary duty, and Standard microbiological practices.
• Washington state defines the following terms differently than federal OSHA or adds examples and clarification in its definitions section at WAC 296-823-099: Blood, Bloodborne pathogens, Exposure incident, and Universal precautions.
• Washington state is missing the following definitions found in federal OSHA’s regulation: Director, Engineering controls, HBV, HIV, and Work practice controls.
• An employer may locate the elements of its exposure control plan (ECP) in other documents, but must reference these locations in its ECP.
• It is necessary to add ECP implementation dates only until the plan is fully implemented or new requirements are added to the plan.
• Document your infection control system.
• Universal precautions, standard precautions, universal blood-body fluid precautions, and body substance isolation are effective infection control systems, according to Washington state.
• When selecting employees for input on safer medical devices, select those nonmanagerial employees that represent various exposure situations in your workplace. Not all exposed employees must be included in this selection. In addition to nonmanagerial employees, you may get input from managerial employees.
• Train exposed employees to operate the computer if your ECP is stored only on a computer.
• Provide a copy of an ECP to an employee or that employee's representative within 15 days of a request for one.
• When providing interactive question-and-answer time during training, use person-to-person, telephone, and/or e-mail interaction to allow employees to both ask and receive answers during training.
• Washington state provides a Training Documentation Form in the resource section of WAC 296-823. (See https://roar-assets-auto.rbl.ms/documents/57295/WAC296-823.pdf and scroll to the "Training Documentation Form.")
• Washington state has regulatory text at WAC 296-823-13005 for a conditioned exemption from the hepatitis B vaccination for employees with a secondary duty of first aid. This exemption is only allowed if the three conditions listed in the regulation are met at WAC 296-823-13005(5)(b).
• It appears that Washington state is missing the requirements found in 29 CFR 1910.1030(f)(2)(v), which says, “If a routine booster dose(s) of hepatitis B vaccine is recommended by the U.S. Public Health Service at a future date, such booster dose(s) shall be made available in accordance with section [1910.1030](f)(1)(ii).” However, sources at the Washington Department of Labor & Industries say that WAC 296-823-13005 takes care of this when it says that employers are to ensure that hepatitis B vaccinations are provided according to the current U.S. Public Health Service guidelines.
• Washington state says information on hepatitis B vaccination can be found at http://www.cdc.gov/ncidod/diseases/hepatitis/b/index.htm. It appears, however, the CDC moved its Hepatitis B webpage to https://www.cdc.gov/hepatitis-b/vaccination/index.html.
• Washington state offers a note in WAC 296-823-16010 that explains that a worker with an exposure incident may ask the state or local health authority to order the source individual to be tested (per RCW 70.24.340), if the source refuses to be tested.
• While HBV and HIV testing of the source individual is mentioned in the regulatory text at WAC 296-823-16010, Washington state notes that the CDC also recommends testing for anti-hepatitis-C-virus antibody because hepatitis C virus infection is common.
• Washington state mentions two statutes related to the disclosure of medical records of source individuals (see WAC 296-823-16015).
• Keep the social security number of the covered employee as part of that employee’s medical record (see WAC 296-823-17005).
• Ensure that medical records not only follow the requirements at WAC 296-823-170 to -17010 but also WAC 296-802, which goes over how to keep the medical records, how long to keep them, informing employees about them, completing record-access orders, and more.
• WAC 296-823-17010 directs the employer to meet the Recordkeeping and Reporting standard at WAC 296-27. This includes for recording needlestick/sharps injuries. However, exemptions are found at WAC 296-27-00103 and 296-27-00105.
• Washington state does not require a “sharps injury log” like federal OSHA does. Instead, Washington state's WAC 296-823-17010 requires the employer to record the type and brand of device involved in contaminated needlestick and contaminated sharps injuries on the OSHA 300 log or equivalent form, unless the employer is exempted from recordkeeping under WAC 296-27.

Click the link(s) below to view the applicable requirements.

Related information

• Bloodborne Pathogens ezExplanation

Citations

Washington:

• WAC 296-823 Occupational exposure to bloodborne pathogens
• WAC 296-27 Recordkeeping and reporting
• WAC 296-800-099 Definitions    
• WAC 296-800-110 Employer responsibilities: safe workplace
• WAC 296-800-11045 Protect employees from biological agents
• WAC 296-802 Employee medical and exposure records    

Federal:

• OSHA regulation 29 CFR 1910.1030 Bloodborne Pathogens
• OSHA regulation 29 CFR 1910.1030 Appendix A Hepatitis B vaccine declination (mandatory)
• OSHA regulation 29 CFR 1910.145 Specifications for accident prevention signs and tags
• OSHA regulation 29 CFR 1910.145 Appendix A to 1910.145(f) Recommended color coding
• OSHA regulation 29 CFR 1910.145 Appendix B to 1910.145(f) References for further information