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.

March 31, 1994

Lesley Craig Litt
Ultra-Creative Corporation
975 Essex Street
Brooklyn, NY 11208-5443

Dear Mr. Litt:

This is in response to your letter of October 26, regarding the Occupational Safety and Health Administration (OSHA) regulation 29 CFR 1910.1030, "Occupational Exposure to Bloodborne Pathogens." Specifically, you asked whether the secondary container into which a specimen is placed is allowed to leak. We apologize for the delay in this response.

According to section (d)(2)(xiii)(B), the second container shall be closable; constructed to contain all contents and prevent leakage during handling, storage, transport, or shipping; and properly labeled or color-coded.

We hope this information has been responsive to your concerns. Thank you for your interest in employee safety and health.


Ruth McCully, Director
Office of Health Compliance Assistance

October 26, 1993

Mr. Roger Clark
Director of Compliance Programs
Francis Perkins Building
U.S. Department of Labor-OSHA
200 Constitution Avenue NW
Room N3469
Washington, D.C. 20210

Dear Mr. Clark,

We are writing to you as a manufacturer of a liquid tight laboratory specimen bag. We turn to you to inquire about the Federal Register DOL-OSHA 29 CFR Part 1910.1030 excerpt.

Under section xiii part B a description of the "second container" is given to be one that "prevents leakage."

To be brief we would like to know the following: If a specimen is transported and leakage of the primary container occurs, is the "second container" (the transport bag in this case) allowed to leak?

We would appreciate any help you can supply us with in writing. Answering our question with a simple yes or no may suffice along with a short explanation.

Thank you for your kind attention to this matter.

Sincerely yours,

Lesley Craig Litt