Standard Interpretations - Table of Contents|
| Standard Number:||1910.1030|
|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 ofthe 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.|
What is OSHA's expectation for theprovision of sharps protection to employees in such situations as the diabetic patient [treated and taught at home]...?According to [CPL 02-02-069 XI.C], with regards to home health services, and based on American Dental Association v. Martin, 984 F.2d 823, 829 (7th Cir. 1993), OSHA has determined that the employer will not be held responsible for the following site-specific violations... ensuring the use of personal protective equipment...ensuring that specific work practices are followed... and ensuring the use of engineering controls [emphasis added]. Thus, the bloodborne pathogens standard does not apply to the protection of home healthcare service employees from syringes purchased by patients and used in the home. However, the home health service must provide to its employees appropriate personal protective equipment and the other protections specifically mentioned in XI.C, i.e., an exposure control plan, hepatitis B vaccinations, post-exposure evaluation and follow-up, recordkeeping, and generic training.
Would the employer be held responsible for purchasing the patient's supplies if the patient refuses to buy the more expensive safety devices or would OSHA consider the employer not responsible for this site-specific violation (as noted in section XI (c), Multi-Employer and Related Worksites, Home Health Service of the Enforcement Procedures)?
|Standard Interpretations - Table of Contents|
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