Yes, however, the Federal Register notice published on December 31, 2003, withdrew the standard 29 CFR 1910.139, Respiratory Protection for M. Tuberculosis. At that time, establishments whose respiratory protection programs for tuberculosis were formerly covered under 1910.139 were required to adapt their programs to comply with the requirements of 29 CFR 1910.134, which is OSHA’s Respiratory Protection Standard.
Other regulations that can be applied to occupational exposure to TB include:
- 29 CFR 1904.11, Recording criteria for work-related tuberculosis cases;
- 29 CFR 1910.132, General requirements (for personal protective equipment);
- 29 CFR 1910.145, Specifications for accident prevention signs and tags; and
- 29 CFR 1910.1020, Access to employee exposure and medical records.
Also, the General Duty Clause of the Occupational Safety and Health Act (section 5(a)(1)) requires employers to provide their employees with a workplace free from recognized hazards causing or likely to cause death or serious physical harm. More information on the application of the General Duty Clause to TB can be found in an OSHA directive, "Enforcement Procedures and Scheduling for Occupational Exposure to Tuberculosis," CPL 02-02-078, June 30, 2015.
In addition, employers should be aware that section 11(c) of the Occupational Safety and Health Act prohibits reprisal against an employee for speaking out about unsafe working conditions or reporting an infection or exposure to TB to an employer. The mandatory OSHA regulation at 29 CFR 1904.35(b), too, prohibits reprisal against an employee for reporting a work-related illness.
