On February 6, 2004, a diagnostic testing provider was issued a citation under the Occupational Safety and Health Act of 1970 alleging a violation of 29 CFR 1910.1030(d)(2)(vii)(A), which is a provision of the Bloodborne Pathogens Standard (BBP) that prohibits the removal of contaminated needles.
According to the Secretary of Labor, the testing provider allowed its employees to remove contaminated needles from reusable blood tube holders equipped with a push-button-needle-release mechanism.
The testing provider contended that the Bloodborne Pathogens Standard prohibits two-handed needle removal but permits the one-handed removal performed by its employees.
In the company's view, the Secretary's interpretation of the BBP standard is contrary to the intent of its preamble, and would illogically prohibit the removal of needles from patients' arms, as well as filled blood tubes.
The judge concluded that the language of the Bloodborne Pathogens Standard clearly prohibits the removal of contaminated needles, unless no feasible alternative is available.
Based on the fact that the diagnostic provider could not show infeasibility or medical necessity with regard to the use of reusable blood tube holders, and the fact that single-use blood tube holders are readily available, the judge affirmed OSHA's citation.
OSHRC agreed with the judge's decision and the company was assessed a $1,875 penalty.
To view the full text of this OSHRC decision, click here.