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.

August 11, 1995

Mr. Richard Kriozere
Digi-Trax Corporation
Post Office Box 701
Northbrook, Illinois 60005

Dear Mr. Kriozere:

This is in response to your letter of June 20, addressed to Ms. Ruth McCully, Director of the Occupational Safety and Health Administration (OSHA) Office of Health Compliance Assistance, concerning your request for a permanent variance from the labels and signs requirements of the Bloodborne Pathogens standard [29 CFR 1910.1030(g)(1)(i)]. Your letter has been forwarded to the Directorate of Technical Support for a response.

In your letter you requested a permanent variance on behalf of the member companies of the International Society of Blood Transfusions (ISBT) Working Party on Automation and Data Processing. Our evaluation of OSHA's Bloodborne Pathogens standard indicates that blood products are exempted from the labeling requirements. Paragraph 29 CFR 1910.1030(g)(1)(i)(F) negates the need for a variance. This standard states that "Containers of blood, blood components, or blood products that are labeled as to their contents and have been released for transfusion or other clinical use are exempted from the labeling requirements of paragraph (g)." Therefore, no variance is required from the requirements of 29 CFR 1910.1030(g)(1)(i).

Thank you for your interest in the safety and health of workers. If you have any questions concerning our decision on your request, please contact Ms. Juanita Jones or Mr. Al Abadir in the Office of Variance Determination at (202) 219-7193.


Stephen J. Mallenger
Acting Director
Directorate of Technical Support