OSHA Federal Regulation 29CFR1910.1030

California OSHA Regulation CCR85193

 

Federal Regulation 29CFR1910.1030 states that no employee can be placed in a position to be exposed to blood spills without first

1. Receiving Blood Borne Pathogen Training
2. Written Blood Borne Pathogen Exposure Control Plan is in place
3. Having work practice controls in place to protect the employee
4. Having been provided personal protective equipment
5. Having been offered a Hepatitis B Vaccine & exposure evaluation
6. Being provided with a method to remove & properly store the Bio Hazardous Waste in a properly marked container for disposal at an approved site.

This means that is a Blood spill occurs at a place of business & an employee of the business who does not meet the above regulations attempts to “clean up” the blood spill, or the employer exposes the employee who does not meet the above regulations on a job site the employer is, in fact, Breaking the Law OSHA has imposed fines from $7,000 to $70,000 for serious & willful violations.

Additionally, if an employee exposure / injury should occur during the course of the “clean up”, the employer is responsible for ALL of the following:

1. Medical follow-up
2. Reporting
3. Testing
4. Maintenance of Records for the duration of the employees employment plus. PLUS 30 YEARS

If one worked is exposed to Blood, the average cost for the required test series is:

1. Initial exposure testing & examination      $  870.00

2. Follow up procedures
6 weeks
3 months
6 months       $  790.00

3. Total cost of exposure                  $1660.00

 

These costs do not account for lost productivity, or administrative costs.

Someone who is trained & equipped MUST recover the scene.  If the company does not have someone who is trained & willing to be exposed to the event site, then a registered Bio-Recovery company must be employed.

Occupational Safety & Health Standards Definition “Occupational Exposure”

The term “Occupational Exposure” is more narrowly defined to include “reasonably anticipated skin, eye, mucus membrane, or parenteral contact with blood, or other potentially infectious materials that may result from the performance of an employees duties.

The term “reasonably anticipated” is Not Defined in the BBP Standard

OSHA has consistently declined to establish a threshold Below which the standard does not apply.  Interpretation is generally left to enforcement.

After an exposure incident occurs OSHA concludes that the employer should have anticipated the exposure, or the that exposure has now become reasonably anticipated. 

State & Federal OSHA Standards have been expanded to apply to any employer who has reasonable knowledge of a heath hazard exposure and intentionally disregards that hazard.

If such an incident results in injury or death, civil as well as criminal penalties can be levied.

Assembly Bill 1127 signed into law in 1999 changes California Labor Code.  Labor Code Section 6434 change #11 is amended to Delete the longstanding statutory exemption for governmental entities from imposition of Ca. OSHA civil penalties.

Effective January 2000 governmental entities will no longer be exempt from civil penalties, including failure to abate penalties.

“governmental entities are not exempt from the imposition of civil penalties has been added to P & P c10 sec.c6”

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