| Update OSHA’s Medical / Laboratory Worker Rule |
| Agency |
Occupational Safety and Health
Administration (OSHA), U.S. Department of Labor |
| Submitter |
Scott George, Mid-America
Dental and Hearing Center |
| Nominated |
February 28, 2008 |
| Description |
OSHA’s Bloodborne Pathogens Standard, 29 CFR §1910.1030,
is designed to protect workers from exposure to bloodborne pathogens
(viruses and other microorganisms) such as hepatitis B virus (HBV), and
hepatitis C virus (HCV). These exposures result primarily from
needlestick and other sharps-related injuries as well as from other
employee exposures to blood. The rule requires any employer with workers
exposed to blood or other potentially infectious materials to implement
an exposure control plan for the worksite. The plan must describe how an
employer will use a combination of engineering and work practice
controls; ensure the use of personal protective clothing and equipment;
and provide training, medical surveillance, hepatitis B vaccinations,
and signs and labels, among other provisions. |
| Small entities affected |
The rule affects every small
business health care office and lab. |
| Regulatory burden |
The rule makes no provision
for medical facilities where employees have very limited exposure to
blood, such as dental labs. The submitter states that the risk of
employee illness in many circumstances is extremely low and that
compliance with the rule costs billions of dollars, needlessly driving
up the cost of medical care. |
| Proposed burden reduction |
The submitter would like the
rule to be reviewed and the requirements “tiered” to be more flexible
depending on the amount of blood and bodily fluids present at the
facility. The submitter believes the current rule is more appropriate
for facilities that deal with larger amounts of blood and bodily fluids,
such as trauma centers, but not for some small health care facilities. |
| Small entity benefits |
The submitter believes the review and potential revision
would result in cost savings to small health care facilities and would
lower health care costs overall. |
| Status |
On October 22, 2008, OSHA noted in a letter to Chairman Gonzalez of the House Small Business Subcommittee on Regulations, Healthcare and Trade that this rule was being considered for review. Subsequently, OSHA listed this rule in the Fall 2008 Unified Agenda and Regulatory Plan and indicated that the rule would be reviewed under Section 610 of the Regulatory Flexibility Act. |
| Advocacy contact |
Bruce Lundegren, advocacy@sba.gov |
