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 http://www.osha.gov.

October 2, 1992

Ms. Margaret Flanagan-Wilkie
Hart Healthcare Industries, Inc.
22775 Savi Ranch Parkway,
Ste. C
Yorba Linda, CA 92687

Dear Ms. Flanagan-Wilkie:

This is in response to your letter of July 31 requesting clarification of the Occupational Safety and Health Administration (OSHA) regulation 29 CFR 1910.1030, "Occupational Exposure to Bloodborne Pathogens." Specifically, you asked if your StopStix resheathing device meets the intent of the standard.

In general, OSHA does not review products as you have requested. The final determination of compliance must take into 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 this case, however, we must inform you that the StopStix does not meet the intent of the standard as it does not adequately protect the hand holding the protector from accidental puncture. Since the diameter of the StopStix finger protector leaves much of the hand area uncovered, OSHA cannot consider it acceptable protection for use with a two-handed recapping procedure.

Sincerely,



Roger A. Clark,
Acting Director
Directorate of Compliance Programs