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.

October 13, 1994

Mr. Andrew Rowjohn Director, Quality Assurance and Regulatory Affairs Becton Dickinson Consumer Products 1 Becton Drive Franklin Lakes, New Jersey 07417-1883

Dear Mr. Rowjohn:

Thank you for you letter of June 1, concerning the Occupational Safety and Health Administration's (OSHA) requirements for sharps containers under the Bloodborne Pathogens Standard (29 CFR 1910.1030). Your product (B-D Safe Clip) is described as a home product, and not intended for professional use. Therefore, the Bloodborne Pathogens standard may not apply to your product, because the standard is only applicable to the occupational setting.

As you know, employees can work in the home. For example, employees of a home health care service would be covered by the standard. And consequently, under those circumstances of occupational use the B-D Safe Clip would have to meet the requirements for sharps containers under the standard.

We hope that this response addresses your concerns. If you have any further questions, please feel free to contact the Office of Health Compliance Assistance at (202) 219-8036.


Ruth E. McCully, Director Office of Health Compliance Assistance