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Small Business Regulatory Review and Reform Initiative

Regulatory Review and Reform (r3) Top 10 Rules, 2008

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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.
Advocacy contact Bruce Lundegren, advocacy@sba.gov

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