['Bloodborne Pathogens']
['Bloodborne Pathogens']
10/01/2024
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OSHA has issued a revised directive that will provide guidance to its compliance officers when they are enforcing the general industry bloodborne pathogens standard (29 CFR 1910.1030). The directive, CPL 2-2.44D, covers occupational exposure to bloodborne pathogens (such as the human immunodeficiency virus (HIV), hepatitis B, and hepatitis C) and ensures that consistent inspection procedures are followed.
Under the scope and application section of the new directive, OSHA presents a clear-cut explanation on how it applies to other industries, including construction. It is as follows:
The bloodborne pathogens standard does not apply to the construction, agriculture, marine terminal and longshoring industries. OSHA has not, however, stated that these industries are free from the hazards of bloodborne pathogens. For industries not covered by the bloodborne pathogens standard, Section 5(a)(1) of the OSH Act provides that “each employer shall furnish to each of his employees employment and a place of employment which is free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees. The General Duty Clause should not be used to cite for violations of the bloodborne pathogens rule, but may be used to cite for failure to provide a workplace free from exposure to bloodborne pathogens. Section 5(a)(1) citations must meet the requirements outlined in the FIRM, OSHA Instruction CPL 2.103, Chapter III. Failure to implement all or any part of 29 CFR 1910.1030 should not be, in itself, the basis for a citation. Accordingly, 29 CFR 1910.1030 should not be specifically referenced in a citation.
Letters of interpretation Since the publication of the bloodborne pathogen rule, OSHA has written a number of official letters of interpretation concerning OSHA’s official stance with regards to the bloodborne pathogen rule and construction. Here are a few paragraphs from one of those interpretations:
You should also be aware that section 29 CFR 1926.21(b)(2) requires that employers instruct employees in the recognition and avoidance of unsafe conditions and in the regulations applicable to their work environment in order to control or eliminate any hazards or other exposure to illness or injury. Under this provision, employers are required to train designated first aid providers in the hazards of bloodborne pathogens.
Additionally, Section 29 CFR 1926.25 requires that containers be provided for the collection and separation of waste. This includes containers for sharps and other hazardous waste which may be generated from rendering medical assistance.
OSHA also requires the provision, use, and maintenance of personal protective equipment when there is an exposure to hazardous conditions that could cause injury or impairment in the function of any part of the body through absorption, inhalation, or physical contact. This includes the need to use gloves, gowns, masks, eye protectors, and/or resuscitation equipment when appropriate for rendering first aid or other medical assistance to prevent contact with blood or other potentially infectious materials.
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