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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.
January 13, 1994
MEMORANDUM FOR: REGIONAL ADMINISTRATORS ATTENTION: REGIONAL RECORDKEEPING COORDINATORS THRU: LEO CAREY Director Office of Field Programs FROM: BOB WHITMORE Chief, Division of Recordkeeping Requirements Office of Statistics SUBJECT: Recording Bloodborne related cases on the OSHA 200 Log
The bloodborne standard and the recordkeeping regulations are two separate rules and have different scopes of coverage. While the bloodborne standard applies to specific occupations, the injury and illness recordkeeping requirements cover all employees as defined in the OSH Act: "...one who is employed in the business of his employer" (see Q & A A-1, page 2 of the Recordkeeping Guidelines for Occupational Injuries and Illnesses). As described in Q & A C-11, on page 35 of the Guidelines, coverage is intended to go beyond specific job tasks to encompass the total work environment. Cases meeting the criteria outlined on page 6 of CPL 2-2.44C must be recorded on the OSHA Log 200 whether the employee is covered by the bloodborne standard (e.g. designated first aid responders, etc.) or not (e.g. Good Samaritan, etc.).
While OSHA is sensitive to the issue of personal privacy and the effect disclosure can have on employee reporting, the use of coded personal identifiers on the OSHA 200 Log and Summary of Occupational Injuries and Illnesses and the OSHA 101 Supplementary Record of Occupational Injuries and Illnesses is not permissible. All cases on the Log must contain the injured or ill employee's name. The issue of ones personal privacy versus another worker's right to know will be addressed in the 29 CFR 1904 revision proposal scheduled for next year.
As set out on page 6 of CPL 2-2.44C , in the case that a seroconversion is known, it shall be recorded on the OSHA 200 log as an injury (e.g., "needlestick, laceration, etc"), not as a seroconversion. This approach allows the employer to record the case and provide necessary information to other employees without revealing the seroconversion status of the affected worker.
Please reference the attached memorandum dated 04/01/93 from this office and page 6 of CPL 2-2.44C for further information on this subject. Also please make sure that your Bloodborne Coordinators are made aware of this information.