OSHA requirements are set by statute, standards and regulations. Our interpretation letters explain these requirements and how they apply to particular circumstances, but they cannot create additional employer obligations. This letter constitutes OSHA's interpretation of the requirements discussed. Note that our enforcement guidance may be affected by changes to OSHA rules. Also, from time to time we update our guidance in response to new information. To keep apprised of such developments, you can consult OSHA's website at https://www.osha.gov.

July 31, 1992

Ms. Alice M. Salmon, RN
Salmon Enterprises
Route #1
Box 207
Hudson, IL 61748

Dear Ms. Salmon:

This is in response to your letter of July 7, 1992 requesting clarification of the Occupational Safety and Health Administration (OSHA) standard, 29 CFR 1910.1030, "Occupational Exposure to Bloodborne Pathogens." Specifically, you requested that we review and comment on your product, Hand-D-Aid Syringe Holder.

As previously discussed with Mr. Batty of your company in his recent phone conversation with Mr. David Kendall of my staff, OSHA does not review or endorse products as you have requested. The final determination of compliance must take in to account all factors pertaining to the use of such devices at a particular worksite. This must include an evaluation through direct observation of employee work practices as well as an evaluation of the equipment or devices alone. In the specific case of your product, paragraph (d)(2)(vii)(A) of the standard only permits recapping of contaminated needles under very specific and limited circumstances where the employer can demonstrate that no alternative is feasible, or that such action is required by a specific medical procedure.

OSHA is co-sponsoring (together with the Centers for Disease Control and the Food and Drug Administration) a conference on device-mediated bloodborne infections. The upcoming conference is designed to bring together health professionals and regulatory personnel to facilitate understanding of needs and devices. It is scheduled for August 17-19, 1992, in Washington, DC. Enclosed is a bulletin on this conference.

For further information, please contact:

PACE Enterprises, Inc. Attn: Laura Timperio 17 Executive Park Dr, Suite 200 Atlanta, GA 30329 Telephone: 404-633-8610 Facsimile: 404-633-8745

Thank you for contacting OSHA. Your ideas would certainly be a valuable contribution to the conference and we hope this information is helpful to you.


Patricia K. Clark, Director
Directorate of Compliance Programs