Background

Every health care professional understands that HIV is a very dangerous virus that can have catastrophic health consequences for those infected by it. What is not understood by some chiropractors and their staffs is that HIV is a threat in their practice.

HIV is transmitted through blood and saliva. The most common methods of transmission for chiropractic patients are:

• Men or women who cut themselves shaving and bleed onto the headrest paper or the fabric at the lower end of the adjusting table
• Men and women who deposit saliva onto the headrest paper of the adjusting table
• Women who leak vaginal secretions onto dressing gowns or the fabric of an adjusting table

While studies have shown that the virus has a relatively short life when exposed to oxygen, that life span is well within the time period that usually occurs for cleaning an adjusting table after it is used.

Why does the Occupational Safety and Health Administration (OSHA) advise chiropractors and other health care providers how to run this part of their practice? OSHA knows that many people who work for health care providers (and some health care providers themselves) do not understand the risks of being exposed to this highly contagious disease. The regulations are designed to protect innocent health care workers from infection that could be easily prevented.

What the statues mean

The owner of a chiropractic practice does not have the right to decide that his or her employees (both doctor and staff employees) do not need to follow these regulations. These regulations apply to any person that has direct occupational exposure to blood through:

• the adjustment process.
• the application of physical therapy.
• the application of massage therapy.
• positioning a patient for x-rays
• contact with the headrest paper of an adjusting table contaminated with blood or other potentially infectious materials such as saliva mixed with blood.
• contact with the surface of an adjustment table after a patient has been adjusted.
• laundry contaminated with blood.
• needles.

Protective Clothing or Equipment

The regulations require you to provide personal protective equipment for protection when working with potentially hazardous materials. General work clothes (e.g., uniforms, pants, shirts or blouses) not intended to function as protection against a hazard are not considered to be personal protective equipment.

Waste Headrest Paper

Specific requirements for handling contaminated headrest or adjusting table paper appear later in this section. However, it is important to understand that this paper cannot be thrown away with your regular trash. Paper that is disposed of in a landfill has the potential to contaminate your local supply of groundwater. Handling this waste product carefully is not enough, the job is not complete until the used paper is disposed of properly.

Exposure Control Plan

If you have employees with occupational exposure you must have a written Exposure Control Plan designed to eliminate or minimize employee exposure. The Exposure Control Plan must contain at least the following elements:

• A list of job/s in your office in which all employees have occupational exposure.
• A list of job/s in your clinic in which some employees have some occupational exposure.
• A list of all of the tasks and procedures in which occupational exposure occurs.
• The schedule and method you intend to use to implement and comply with the requirements.
• The schedule and method you intend to use to implement and comply with the requirements for Hepatitis B vaccination.
• The schedule and method you intend to use to implement and comply with the requirements for post-exposure evaluation and follow-up.
• The schedule and method you intend to use to implement and comply with the requirements for communicating the hazards to your employees.
• The schedule and method you intend to use to implement and comply with the requirements for recordkeeping.
• The procedure you will use for the evaluation of circumstances surrounding exposure incidents.

Additional requirements for your Exposure Control Plan

• Your employees must know that you have a plan and that the plan is accessible to them.
• The plan must be reviewed and updated at least annually and whenever you change procedures or change the job responsibilities of your employees.

Compliance Requirements

You must set up universal precautions to prevent contact with blood or other potentially infectious materials. When differentiation between body fluid types is difficult or impossible, all body fluids must be considered potentially infectious materials.

Hand washing

• You must provide handwashing facilities that are readily accessible to your employees.
• You must ensure that employees wash their hands immediately or as soon as feasible after removal of gloves or other personal protective equipment.
• You must ensure that your employees wash their hands with soap and water immediately or as soon as feasible following contact with blood or other potentially infectious materials.

Drawing blood for analysis

• Contaminated needles (sharps) cannot be bent, recapped, or removed. Shearing or breaking of contaminated needles is prohibited.
• Immediately, or as soon as possible after use, contaminated reusable sharps must be placed in appropriate containers until properly reprocessed. These containers must be:
• puncture resistant
• labeled or color-coded
• leakproof on the sides and bottom

• Blood drawing procedures must be performed in such a manner as to minimize splashing, spraying, spattering, and generation of blood droplets.
• Specimens of blood drawn for analysis must be placed in a container which prevents leakage during collection, handling, processing, storage, transport, or shipping.
• The container for storage, transport, or shipping must be labeled or color-coded and closed prior to being stored, transported, or shipped.
• If the outside of the primary container becomes contaminated, the primary container must be placed within a second container that prevents leakage.

General safety

• Eating, drinking, smoking, applying cosmetics or lip balm, or handling contact lenses is prohibited in work areas where there is a reasonable likelihood of occupational exposure.
• Food and drink must not be kept in refrigerators, freezers, shelves, cabinets or on equipment, countertops or benchtops where blood or other potentially infectious materials are present.

Personal Protective Equipment

You are required to ensure that employees use appropriate personal protective equipment. When your employees have occupational exposure you must provide, at no cost to the employee, appropriate personal protective equipment such as:

• gloves
• gowns
• laboratory coats

The protective equipment is considered “appropriate” only if it does not permit blood or other potentially infectious materials to pass through to or reach the employee’s:

• work clothes
• street clothes
• undergarments
• skin or other mucous membranes

General clothing requirements

• You must ensure that appropriate personal protective equipment in the appropriate sizes is readily accessible at your office or is issued to employees.
• Hypoallergenic gloves, glove liners, powderless gloves, or other similar alternatives must be readily accessible to employees who are allergic to the gloves normally provided.
• You must clean, launder, and dispose of personal protective equipment at no cost to the employee.
• You must repair or replace personal protective equipment as needed to maintain its effectiveness, at no cost to the employee.
• If a garment(s) is penetrated by blood or other potentially infectious materials, the garment(s) must be removed immediately or as soon as feasible.
• All personal protective equipment must be removed prior to leaving the work area.
• When personal protective equipment is removed it must be placed in an appropriately designated area or container for storage, washing, decontamination or disposal.

Gloves

• Gloves must be worn when it is reasonably anticipated that your employee may have hand contact with blood, other potentially infectious materials, and when handling or touching contaminated items or surfaces.
• Disposable (single use) gloves such as examination or treatment gloves, must be replaced as soon as practical when contaminated or as soon as feasible if they are torn, punctured, or when their ability to function as a barrier is compromised. Disposable gloves may not be washed or decontaminated for re-use.
• Utility gloves may be decontaminated for re-use if the integrity of the glove is not compromised. However, they must be discarded if they are cracked, peeling, torn, punctured, or exhibit other signs of deterioration or when their ability to function as a barrier is compromised.

Gowns, Aprons, and Other Protective Body Clothing

Appropriate protective clothing such as, gowns, aprons, lab coats, clinic jackets, or similar outer garments must be worn in occupational exposure situations. The type and characteristics of the garments depend upon the task and degree of exposure anticipated.

Housekeeping

• You must ensure that the worksite is maintained in a clean and sanitary condition. You must have an appropriate written schedule for cleaning and a method of decontamination based upon the type of surface to be cleaned, type of soil present.
• All equipment and environmental and working surfaces must be cleaned and decontaminated after contact with blood or other potentially infectious materials.
• Contaminated work surfaces must be decontaminated with an appropriate disinfectant after each adjustment or procedure; immediately or as soon as feasible when surfaces are overtly contaminated or after any spill of blood or other potentially infectious materials; and at the end of the work shift if the surface may have become contaminated since the last cleaning.
• Any of your trash receptacles that have a reasonable likelihood for becoming contaminated with blood or other potentially infectious materials must be inspected and decontaminated on a regularly scheduled basis. If you see any sign of contamination, the trash receptacle must be decontaminated as soon as possible.

Discarding Contaminated Needles (Sharps)

Contaminated sharps must be discarded immediately or as soon as feasible in containers that are:

• Closable
• Puncture resistant
• Leakproof on sides and bottom
• Labeled or color-coded

During use, containers for contaminated needles (sharps) must be:

• Easily accessible to personnel
• Located as close as possible to the immediate area where the needles are used
• Maintained upright throughout use
• Replaced routinely and not be allowed to overfill.

When moving containers of contaminated needles (sharps) from the area of use, the containers must be:

• Closed immediately prior to removal or replacement to prevent spillage or protrusion of the needles during handling, storage, transport, or shipping
• Placed in a secondary container if leakage is possible. The second container must be:

– Closeable
– Constructed to contain all of the contents and prevent leakage during handling, storage, transport, or shipping
– Labeled or color-coded

Reusable containers cannot be opened, emptied, or cleaned in any manner that would expose employees to the risk of percutaneous injury.

Disposal of Contaminated Headrest Paper and Other Contaminated Items

Contaminated Headrest paper and other contaminated items (such as gloves and cleaning cloths) must be placed in containers which are:

• Closeable
• Constructed to contain all of the contents and prevent leakage of fluids during handling, storage, transport or shipping
• Labeled or color-coded
• Closed prior to removal to prevent spillage or protrusion of the contents during handling, storage, transport, or shipping.

If outside contamination of the regulated waste container occurs, it must be placed in a second container. The second container must be:

• Closeable
• Constructed to contain all of the contents and prevent leakage of fluids during handling,
storage, transport or shipping
• Labeled or color-coded
• Closed prior to removal to prevent spillage or protrusion of the contents during handling, storage, transport, or shipping.

Laundry

• Contaminated laundry must be handled as little as possible with a minimum of agitation.
• Contaminated laundry must be bagged or containerized at the location where it was used and can not be sorted or rinsed in the location of use.
• Contaminated laundry shall be placed and transported in bags or containers that are labeled or color-coded.
• Whenever contaminated laundry is wet and presents a reasonable likelihood of soak-through of or leakage from the bag or container, the laundry must be placed and transported in bags or containers which prevent soak-through and/or leakage of fluids to the exterior.
• You must ensure that employees who have contact with contaminated laundry wear protective gloves and other appropriate personal protective equipment.
• When you ship contaminated laundry off-site you must place the laundry in bags or containers which are labeled or color-coded.

Hepatitis B Vaccination and Post-exposure Evaluation and Follow-up

• You must make the hepatitis B vaccine and vaccination series available to all employees who have occupational exposure. The post-exposure evaluation and follow-up must be made available to all employees who have had an exposure incident.
• You must ensure that all medical evaluations and procedures including the hepatitis B vaccine and vaccination series and post-exposure evaluation and follow-up, including prophylaxis, are:

• Made available at no cost to the employee
• Made available to the employee at a reasonable time and place
• Performed by or under the supervision of a licensed physician or by or under the supervision of another licensed healthcare professional
• Provided according to recommendations of the U.S. Public Health Service current at the time these evaluations and procedures take place.
• You must ensure that all laboratory tests are conducted by an accredited laboratory at no cost to the employee.

Hepatitis B Vaccination

• Hepatitis B vaccination must be made available after the employee has received the training described above and within 10 working days after they are assigned to a task in which there is occupational exposure.
• The Hepatitis B vaccination is not required to be made available if :

• the employee has previously received the complete hepatitis B vaccination series.
• antibody testing has revealed that the employee is immune.
• the vaccine is contraindicated for medical reasons.

• You cannot make participation in a prescreening program a prerequisite for receiving hepatitis B vaccination.
• If the employee initially declines hepatitis B vaccination but at a later date decides to accept the vaccination, you must make the hepatitis B vaccination available at that time.
• The employer must have employees who decline to accept hepatitis B vaccination sign the following statement:

I understand that due to my occupational exposure to blood or other potentially infectious materials I may be at risk of acquiring hepatitis B virus (HBV) infection I have been given the opportunity to be vaccinated with hepatitis B vaccine, at no charge to myself. However, I decline hepatitis B vaccination at this time. I understand that by declining this vaccine, I continue to be at risk of acquiring hepatitis B, a serious disease. If in the future I continue to have occupational exposure to blood or other potentially infectious materials and I want to be vaccinated with hepatitis B vaccine, I can receive the vaccination series at no charge to me.

• If a routine booster dose(s) of hepatitis B vaccine is recommended by the U.S. Public Health Service at a future date, such booster dose(s) must be made available to your employees.

Post-exposure Evaluation and Follow-up

Following a report of an exposure incident, you must immediately make available to the exposed employee a confidential medical evaluation and follow-up, including at least the following elements:

• The circumstances under which the exposure incident occurred.
• Identification and documentation of the source individual.
• The source individual’s blood must be tested as soon as feasible and after consent is obtained in order to determine HBV and HIV infectivity. If consent is not obtained, you must establish that legally required consent cannot be obtained.
• When the source individual is already known to be infected with HBV or HIV, testing for the source individual’s known HBV or HIV status need not be repeated.
• Results of the source individual’s testing must be made available to the exposed employee, and the employee must be informed of applicable laws and regulations concerning disclosure of the identity and infectious status of the source individual.

Collection and Testing of Blood for HBV and HIV Serological Status

The exposed employee’s blood must be collected as soon as feasible and tested after consent is obtained.

• If the employee consents to baseline blood collection, but does not give consent at that time for HIV serologic testing, the sample must be preserved for at least 90 days.
• If, within 90 days of the exposure incident, the employee elects to have the baseline sample tested, such testing must be done as soon as feasible.
• Post-exposure prophylaxis, when medically indicated, as recommended by the U.S. Public Health Service.
• The employee must be offered counseling and evaluation of reported illnesses.

Information Provided to the Healthcare Professional Responsible for Hepatitis B vaccination

• You must ensure that the healthcare professional responsible for the employee’s Hepatitis B vaccination is provided a copy of this regulation.
• You must ensure that the healthcare professional evaluating an employee after an exposure incident is provided the following information:

• A copy of this regulation
• A description of the exposed employee’s duties as they relate to the exposure incident
• Documentation of the route(s) of exposure and circumstances under which exposure occurred
• Results of the source individual’s blood testing, if available
• All medical records relevant to the appropriate treatment of the employee including vaccination status which are the employer’s responsibility to maintain.

Healthcare Professional’s Written Opinion

• You must obtain and provide the employee with a copy of the evaluating healthcare professional’s written opinion within 15 days of the completion of the evaluation.
• The healthcare professional’s written opinion for Hepatitis B vaccination must be limited to whether Hepatitis B vaccination is indicated for an employee, and if the employee has received such vaccination.
• The healthcare professional’s written opinion for post- exposure evaluation and follow-up must be limited to the following information:

• That the employee has been informed of the results of the evaluation
• That the employee has been told about any medical conditions resulting from exposure to blood or other potentially infectious materials which require further evaluation or treatment.

• All other findings or diagnoses shall remain confidential and shall not be included in the written report.

Communication of Hazards to Employees

Labels.

• Warning labels must be on containers of regulated waste, refrigerators and freezers containing blood or other potentially infectious material; and other containers that are used to store, transport or ship blood or other potentially infectious materials.
• Labels required by this section must include the following legend:

BIOHAZARD

• The labels must be fluorescent orange or orange-red or predominantly so, with lettering and symbols in a contrasting color.
• Labels must be affixed as close as possible to the container by string, wire, adhesive, or other method that prevents their loss or unintentional removal.
• Regulated waste that has been decontaminated need not be labeled or color-coded.

Information and Training

You must ensure that all employees with occupational exposure participate in a training program which must be provided at no cost to the employee and during working hours. Training must be provided as follows:

• At the time of initial assignment to tasks where occupational exposure may take place
• At least annually thereafter. Annual training for all employees must be provided within one year of their previous training.
• You must provide additional training when your employee/s job changes to include new tasks or procedures that affect their occupational exposure. The additional training may be limited to addressing the new exposures created.
• The training must be appropriate in content and vocabulary to educational level, literacy, and language of the employee.
• The training program must contain at a minimum the following elements:

– An accessible copy of the regulatory text of this standard and an explanation of its contents.
– A general explanation of the epidemiology and symptoms of bloodborne diseases.
– An explanation of the modes of transmission of bloodborne pathogens.
– An explanation of the employer’s exposure control plan and the means by which the employee can obtain a copy of the written plan.
– An explanation of the appropriate methods for recognizing tasks and other activities that may involve exposure to blood and other potentially infectious materials.
– An explanation of the use and limitations of methods that will prevent or reduce exposure including appropriate work practices, and personal protective equipment.
– Information on the types, proper use, location, removal, handling, decontamination and disposal of personal protective equipment.
– An explanation of how to use personal protective equipment.
– Information on the hepatitis B vaccine, including information on its efficacy, safety, method of administration, the benefits of being vaccinated, and that the vaccine and vaccination will be offered free of charge.
– Information on the appropriate actions to take and persons to contact in an emergency involving blood or other potentially infectious materials.
– An explanation of the procedure to follow if an exposure incident occurs, including the method of reporting the incident and the medical follow-up that will be made available.
– Information on the post-exposure evaluation and follow-up that the employer is required to provide for the employee following an exposure incident.
– An explanation of the signs and labels and/or color coding used by your office.
– An opportunity for interactive questions and answers with the person conducting the training session.

Initial work activities cannot include the handling of infectious agents. A progression of work activities must be assigned as techniques are learned and proficiency is developed. You should be sure that employees participate in work activities involving infectious agents only after proficiency has been demonstrated.

Medical Records

You must establish and maintain an accurate record for each employee with occupational exposure. This record must include:

• The name and social security number of the employee.
• A copy of the employee’s hepatitis B vaccination status including the dates of all the hepatitis B vaccinations and any medical records relative to the employee’s ability to receive vaccination.
• A copy of all results of examinations, medical testing, and follow-up procedures.
• Your copy of the healthcare professional’s written opinion. A copy of the information provided to the healthcare professional.

Confidentiality

You must ensure that employee medical records are:

• Kept confidential
• Not disclosed or reported without the employee’s express written consent to any person within or outside the workplace except as by law.
• You must maintain the records for at least the duration of employment plus 30 years.

Training Records

Training records must include the following information:

• The dates of the training sessions.
• The contents or a summary of the training sessions.
• The names and qualifications of persons conducting the training. The names and job titles of all persons attending the training sessions.
• Training records must be maintained for 3 years from the date on which the training occurred.
• Employee training records must be provided upon request for examination and copying to employees, to their representatives, or to OSHA.
• If you close your practice and there is no new chiropractor to whom you can transfer the records you must notify SHA, at least three months prior to their disposal and send them to OSHA if they request you to do so.

Statute excerpts

Standard Number: 1910.1030

Scope and Application. This section applies to all occupational exposure to blood or other potentially infectious materials as defined by paragraph (b) of this section.

(b) Definitions. For purposes of this section, the following shall apply:

“Assistant Secretary” means the Assistant Secretary of Labor for Occupational Safety and Health, or designated representative.

“Blood” means human blood, human blood components, and products made from human blood.

“Bloodborne Pathogens” means pathogenic microorganisms that are present in human blood and can cause disease in humans. These pathogens include, but are not limited to, hepatitis B virus (HBV) and human immunodeficiency virus (HIV).

“Clinical Laboratory” means a workplace where diagnostic or other screening procedures are performed on blood or other potentially infectious materials.

“Contaminated” means the presence or the reasonably anticipated presence of blood or other potentially infectious materials on an item or surface.

“Contaminated Laundry” means laundry which has been soiled with blood or other potentially infectious materials or may contain sharps.

“Contaminated Sharps” means any contaminated object that can penetrate the skin including, but not limited to, needles, scalpels, broken glass, broken capillary tubes, and exposed ends of dental wires.

“Decontamination” means the use of physical or chemical means to remove, inactivate, or destroy bloodborne pathogens on a surface or item to the point where they are no longer capable of transmitting infectious particles and the surface or item is rendered safe for handling, use, or disposal.

“Director” means the Director of the National Institute for Occupational Safety and Health, U.S. Department of Health and Human Services, or designated representative.

“Engineering Controls” means controls (e.g., sharps disposal containers, self-sheathing needles) that isolate or remove the bloodborne pathogens hazard from the workplace.

“Exposure Incident” means a specific eye, mouth, other mucous membrane, non-intact skin, or parenteral contact with blood or other potentially infectious materials that results from the performance of an employee’s duties.

“Handwashing Facilities” means a facility providing an adequate supply of running potable water, soap and single use towels or hot air drying machines.

“Licensed Healthcare Professional” is a person whose legally permitted scope of practice allows him or her to independently perform the activities required by paragraph (f) Hepatitis B Vaccination and Post-exposure Evaluation and Follow-up.

“HBV” means hepatitis B virus.

“HIV” means human immunodeficiency virus.

“Occupational Exposure” means reasonably anticipated skin, eye, mucous membrane, or parenteral contact with blood or other potentially infectious materials that may result from the performance of an employee’s duties.

“Other Potentially Infectious Materials” means (1) The following human body fluids: semen, vaginal secretions, cerebrospinal fluid, synovial fluid, pleural fluid, pericardial fluid, peritoneal fluid, amniotic fluid, saliva in dental procedures, any body fluid that is visibly contaminated with blood, and all body fluids in situations where it is difficult or impossible to differentiate between body fluids; (2) Any unfixed tissue or organ (other than intact skin) from a human (living or dead); and (3) HIV-containing cell or tissue cultures, organ cultures, and HIV- or HBV-containing culture medium or other solutions; and blood, organs, or other tissues from experimental animals infected with HIV or HBV.

“Parenteral” means piercing mucous membranes or the skin barrier through such events as needlesticks, human bites, cuts, and abrasions.

“Personal Protective Equipment” is specialized clothing or equipment worn by an employee for protection against a hazard. General work clothes (e.g., uniforms, pants, shirts or blouses) not intended to function as protection against a hazard are not considered to be personal protective equipment.

“Production Facility” means a facility engaged in industrial-scale, large-volume or high concentration production of HIV or HBV.

“Regulated Waste” means liquid or semi-liquid blood or other potentially infectious materials; contaminated items that would release blood or other potentially infectious materials in a liquid or semi-liquid state if compressed; items that are caked with dried blood or other potentially infectious materials and are capable of releasing these materials during handling; contaminated sharps; and pathological and microbiological wastes containing blood or other potentially infectious materials.

“Research Laboratory” means a laboratory producing or using research-laboratory-scale amounts of HIV or HBV. Research laboratories may produce high concentrations of HIV or HBV but not in the volume found in production facilities.

“Source Individual” means any individual, living or dead, whose blood or other potentially infectious materials may be a source of occupational exposure to the employee. Examples include, but are not limited to, hospital and clinic patients; clients in institutions for the developmentally disabled; trauma victims; clients of drug and alcohol treatment facilities; residents of hospices and nursing homes; human remains; and individuals who donate or sell blood or blood components.

“Sterilize” means the use of a physical or chemical procedure to destroy all microbial life including highly resistant bacterial endospores.

“Universal Precautions” is an approach to infection control. According to the concept of Universal Precautions, all human blood and certain human body fluids are treated as if known to be infectious for HIV, HBV, and other bloodborne pathogens.

“Work Practice Controls” means controls that reduce the likelihood of exposure by altering the manner in which a task is performed (e.g., prohibiting recapping of needles by a two-handed technique).

(c) Exposure Control.

(c)(1) Exposure Control Plan.

(c)(1)(i) Each employer having an employee(s) with occupational exposure as defined by paragraph (b) of this section shall establish a written Exposure Control Plan designed to eliminate or minimize employee exposure.

(c)(1)(ii) The Exposure Control Plan shall contain at least the following elements:

(c)(1)(ii)(A) The exposure determination required by paragraph (c)(2),

..1910.1030(c)(1)(ii)(B) The schedule and method of implementation for paragraphs (d) Methods of Compliance, (e) HIV and HBV Research Laboratories and Production Facilities, (f) Hepatitis B Vaccination and Post-Exposure Evaluation and Follow-up, (g) Communication of Hazards to Employees, and (h) Recordkeeping, of this standard, and

(c)(1)(ii)(C) The procedure for the evaluation of circumstances surrounding exposure incidents as required by paragraph (f)(3)(i) of this standard.

(c)(1)(iii) Each employer shall ensure that a copy of the Exposure Control Plan is accessible to employees in accordance with 29 CFR 1910.1020(e).

(c)(1)(iv) The Exposure Control Plan shall be reviewed and updated at least annually and whenever necessary to reflect new or modified tasks and procedures which affect occupational exposure and to reflect new or revised employee positions with occupational exposure.

(c)(1)(v) The Exposure Control Plan shall be made available to the Assistant Secretary and the Director upon request for examination and copying.

(c)(2)Exposure Determination.

(c)(2)(i) Each employer who has an employee(s) with occupational exposure as defined by paragraph (b) of this section shall prepare an exposure determination. This exposure determination shall contain the following:

(c)(2)(i)(A) A list of all job classifications in which all employees in those job classifications have occupational exposure;

..1910.1030(c)(2)(i)(B) A list of job classifications in which some employees have occupational exposure, and

(c)(2)(i)(C) A list of all tasks and procedures or groups of closely related task and procedures in which occupational exposure occurs and that are performed by employees in job classifications listed in accordance with the provisions of paragraph (c)(2)(i)(B) of this standard.

(c)(2)(ii) This exposure determination shall be made without regard to the use of personal protective equipment.

(d) Methods of Compliance.

(d)(1) General. Universal precautions shall be observed to prevent contact with blood or other potentially infectious materials. Under circumstances in which differentiation between body fluid types is difficult or impossible, all body fluids shall be considered potentially infectious materials.

(d)(2) Engineering and Work Practice Controls.

(d)(2)(i) Engineering and work practice controls shall be used to eliminate or minimize employee exposure. Where occupational exposure remains after institution of these controls, personal protective equipment shall also be used.

..1910.1030(d)(2)(ii) Engineering controls shall be examined and maintained or replaced on a regular schedule to ensure their effectiveness.

(d)(2)(iii) Employers shall provide handwashing facilities which are readily accessible to employees.

(d)(2)(iv) When provision of handwashing facilities is not feasible, the employer shall provide either an appropriate antiseptic hand cleanser in conjunction with clean cloth/paper towels or antiseptic towelettes. When antiseptic hand cleansers or towelettes are used, hands shall be washed with soap and running water as soon as feasible.

(d)(2)(v) Employers shall ensure that employees wash their hands immediately or as soon as feasible after removal of gloves or other personal protective equipment.

(d)(2)(vi) Employers shall ensure that employees wash hands and any other skin with soap and water, or flush mucous membranes with water immediately or as soon as feasible following contact of such body areas with blood or other potentially infectious materials.

(d)(2)(vii) Contaminated needles and other contaminated sharps shall not be bent, recapped, or removed except as noted in paragraphs (d)(2)(vii)(A) and (d)(2)(vii)(B) below. Shearing or breaking of contaminated needles is prohibited.

..1910.1030(d)(2)(vii)(A) Contaminated needles and other contaminated sharps shall not be bent, recapped or removed unless the employer can demonstrate that no alternative is feasible or that such action is required by a specific medical or dental procedure.

(d)(2)(vii)(B) Such bending, recapping or needle removal must be accomplished through the use of a mechanical device or a one-handed technique.

(d)(2)(viii) Immediately or as soon as possible after use, contaminated reusable sharps shall be placed in appropriate containers until properly reprocessed. These containers shall be:

(d)(2)(viii)(A) puncture resistant;

(d)(2)(viii)(B) labeled or color-coded in accordance with this standard;

(d)(2)(viii)(C) leakproof on the sides and bottom; and

(d)(2)(viii)(D) in accordance with the requirements set forth in paragraph

(d)(4)(ii)(E) for reusable sharps.

(d)(2)(ix) Eating, drinking, smoking, applying cosmetics or lip balm, and handling contact lenses are prohibited in work areas where there is a reasonable likelihood of occupational exposure.

(d)(2)(x) Food and drink shall not be kept in refrigerators, freezers, shelves, cabinets or on countertops or benchtops where blood or other potentially infectious materials are present.

..1910.1030(d)(2)(xi) All procedures involving blood or other potentially infectious materials shall be performed in such a manner as to minimize splashing, spraying, spattering, and generation of droplets of these substances.

(d)(2)(xii) Mouth pipetting/suctioning of blood or other potentially infectious materials is prohibited.

(d)(2)(xiii) Specimens of blood or other potentially infectious materials shall be placed in a container which prevents leakage during collection, handling, processing, storage, transport, or shipping.

(d)(2)(xiii)(A) The container for storage, transport, or shipping shall be labeled or color-coded according to paragraph (g)(1)(i) and closed prior to being stored, transported, or shipped. When a facility utilizes Universal Precautions in the handling of all specimens, the labeling/color-coding of specimens is not necessary provided containers are recognizable as containing specimens. This exemption only applies while such specimens/containers remain within the facility. Labeling or color-coding in accordance with paragraph (g)(1)(i) is required when such specimens/containers leave the facility.

(d)(2)(xiii)(B) If outside contamination of the primary container occurs, the primary container shall be placed within a second container which prevents leakage during handling, processing, storage, transport, or shipping and is labeled or color-coded according to the requirements of this standard.

..1910.1030(d)(2)(xiii)(C) If the specimen could puncture the primary container, the primary container shall be placed within a secondary container which is puncture-resistant in addition to the above characteristics.

(d)(2)(xiv) Equipment which may become contaminated with blood or other potentially infectious materials shall be examined prior to servicing or shipping and shall be decontaminated as necessary, unless the employer can demonstrate that decontamination of such equipment or portions of such equipment is not feasible.

(d)(2)(xiv)(A) A readily observable label in accordance with paragraph (g)(1)(i)(H) shall be attached to the equipment stating which portions remain contaminated.

(d)(2)(xiv)(B) The employer shall ensure that this information is conveyed to all affected employees, the servicing representative, and/or the manufacturer, as appropriate, prior to handling, servicing, or shipping so that appropriate precautions will be taken.

..1910.1030(d)(3) Personal Protective Equipment.

(d)(3)(i) Provision. When there is occupational exposure, the employer shall provide, at no cost to the employee, appropriate personal protective equipment such as, but not limited to, gloves, gowns, laboratory coats, face shields or masks and eye protection, and mouthpieces, resuscitation bags, pocket masks, or other ventilation devices. Personal protective equipment will be considered “appropriate” only if it does not permit blood or other potentially infectious materials to pass through to or reach the employee’s work clothes, street clothes, undergarments, skin, eyes, mouth, or other mucous membranes under normal conditions of use and for the duration of time which the protective equipment will be used.

(d)(3)(ii) Use. The employer shall ensure that the employee uses appropriate personal protective equipment unless the employer shows that the employee temporarily and briefly declined to use personal protective equipment when, under rare and extraordinary circumstances, it was the employee’s professional judgment that in the specific instance its use would have prevented the delivery of health care or public safety services or would have posed an increased hazard to the safety of the worker or co-worker. When the employee makes this judgement, the circumstances shall be investigated and documented in order to determine whether changes can be instituted to prevent such occurrences in the future.

(d)(3)(iii) Accessibility. The employer shall ensure that appropriate personal protective equipment in the appropriate sizes is readily accessible at the worksite or is issued to employees. Hypoallergenic gloves, glove liners, powderless gloves, or other similar alternatives shall be readily accessible to those employees who are allergic to the gloves normally provided.

(d)(3)(iv) Cleaning, Laundering, and Disposal. The employer shall clean, launder, and dispose of personal protective equipment required by paragraphs (d) and (e) of this standard, at no cost to the employee.

..1910.1030(d)(3)(v) Repair and Replacement. The employer shall repair or replace personal protective equipment as needed to maintain its effectiveness, at no cost to the employee.

(d)(3)(vi) If a garment(s) is penetrated by blood or other potentially infectious materials, the garment(s) shall be removed immediately or as soon as feasible.

(d)(3)(vii) All personal protective equipment shall be removed prior to leaving the work area.

(d)(3)(viii) When personal protective equipment is removed it shall be placed in an appropriately designated area or container for storage, washing, decontamination or disposal.

(d)(3)(ix) Gloves. Gloves shall be worn when it can be reasonably anticipated that the employee may have hand contact with blood, other potentially infectious materials, mucous membranes, and non-intact skin; when performing vascular access procedures except as specified in paragraph (d)(3)(ix)(D); and when handling or touching contaminated items or surfaces.

(d)(3)(ix)(A) Disposable (single use) gloves such as surgical or examination gloves, shall be replaced as soon as practical when contaminated or as soon as feasible if they are torn, punctured, or when their ability to function as a barrier is compromised.

..1910.1030(d)(3)(ix)(B) Disposable (single use) gloves shall not be washed or decontaminated for re-use.

(d)(3)(ix)(C) Utility gloves may be decontaminated for re-use if the integrity of the glove is not compromised. However, they must be discarded if they are cracked, peeling, torn, punctured, or exhibit other signs of deterioration or when their ability to function as a barrier is compromised.

..1910.1030(d)(3)(x) (d)(3)(x)(xi) Gowns, Aprons, and Other Protective Body Clothing. Appropriate protective clothing such as, but not limited to, gowns, aprons, lab coats, clinic jackets, or similar outer garments shall be worn in occupational exposure situations. The type and characteristics will depend upon the task and degree of exposure anticipated.

(d)(4) Housekeeping.

(d)(4)(i) General. Employers shall ensure that the worksite is maintained in a clean and sanitary condition. The employer shall determine and implement an appropriate written schedule for cleaning and method of decontamination based upon the location within the facility, type of surface to be cleaned, type of soil present, and tasks or procedures being performed in the area.

(d)(4)(ii) All equipment and environmental and working surfaces shall be cleaned and decontaminated after contact with blood or other potentially infectious materials.

..1910.1030(d)(4)(ii)(A) Contaminated work surfaces shall be decontaminated with an appropriate disinfectant after completion of procedures; immediately or as soon as feasible when surfaces are overtly contaminated or after any spill of blood or other potentially infectious materials; and at the end of the work shift if the surface may have become contaminated since the last cleaning.

(d)(4)(ii)(C) All bins, pails, cans, and similar receptacles intended for reuse which have a reasonable likelihood for becoming contaminated with blood or other potentially infectious materials shall be inspected and decontaminated on a regularly scheduled basis and cleaned and decontaminated immediately or as soon as feasible upon visible contamination.

(d)(4)(ii)(D) Broken glassware which may be contaminated shall not be picked up directly with the hands. It shall be cleaned up using mechanical means, such as a brush and dust pan, tongs, or forceps.

(d)(4)(iii) Regulated Waste.

..1910.1030(d)(4)(iii)(A) Contaminated Sharps Discarding and Containment.

(d)(4)(iii)(A)(1) Contaminated sharps shall be discarded immediately or as soon as feasible in containers that are:

[a] Closable;
[b] Puncture resistant;
[c] Leakproof on sides and bottom; and
[d] Labeled or color-coded in accordance with paragraph (g)(1)(i) of this standard.

(d)(4)(iii)(A)(2) During use, containers for contaminated sharps shall be:

[a] Easily accessible to personnel and located as close as is feasible to the immediate area where sharps are used or can be reasonably anticipated to be found (e.g., laundries);

[b] Maintained upright throughout use; and

[c] Replaced routinely and not be allowed to overfill.

(d)(4)(iii)(A)(3) When moving containers of contaminated sharps from the area of use, the containers shall be:

[a] Closed immediately prior to removal or replacement to prevent spillage or protrusion of contents during handling, storage, transport, or shipping;

[b] Placed in a secondary container if leakage is possible. The second container shall be:

[i] Closable;

[ii] Constructed to contain all contents and prevent leakage during handling, storage, transport, or shipping; and

[iii] Labeled or color-coded according to paragraph (g)(1)(i) of this standard.

(d)(4)(iii)(A)(4) Reusable containers shall not be opened, emptied, or cleaned manually or in any other manner which would expose employees to the risk of percutaneous injury.

(d)(4)(iii)(B) Other Regulated Waste Containment.

(d)(4)(iii)(B)(1) Regulated waste shall be placed in containers which are:

[a] Closable;

[b] Constructed to contain all contents and prevent leakage of fluids during handling, storage, transport or shipping;

[c] Labeled or color-coded in accordance with paragraph (g)(1)(i) this standard; and

[d] Closed prior to removal to prevent spillage or protrusion of contents during handling, storage, transport, or shipping.

(d)(4)(iii)(B)(2) If outside contamination of the regulated waste container occurs, it shall be placed in a second container. The second container shall be:

[a] Closable;
[b] Constructed to contain all contents and prevent leakage of fluids during handling, storage, transport or shipping;
[c] Labeled or color-coded in accordance with paragraph (g)(1)(i) of this standard; and
[d] Closed prior to removal to prevent spillage or protrusion of contents during handling, storage, transport, or shipping.

(d)(4)(iii)(C) Disposal of all regulated waste shall be in accordance with applicable regulations of the United States, States and Territories, and political subdivisions of States and Territories.

..1910.1030(d)(4)(iv) Laundry.

(d)(4)(iv)(A) Contaminated laundry shall be handled as little as possible with a minimum of agitation.

(d)(4)(iv)(A)(1) Contaminated laundry shall be bagged or containerized at the location where it was used and shall not be sorted or rinsed in the location of use.

(d)(4)(iv)(A)(2) Contaminated laundry shall be placed and transported in bags or containers labeled or color-coded in accordance with paragraph (g)(1)(i) of this standard. When a facility utilizes Universal Precautions in the handling of all soiled laundry, alternative labeling or color-coding is sufficient if it permits all employees to recognize the containers as requiring compliance with Universal Precautions.

(d)(4)(iv)(A)(3) Whenever contaminated laundry is wet and presents a reasonable likelihood of soak-through of or leakage from the bag or container, the laundry shall be placed and transported in bags or containers which prevent soak-through and/or leakage of fluids to the exterior.

(d)(4)(iv)(B) The employer shall ensure that employees who have contact with contaminated laundry wear protective gloves and other appropriate personal protective equipment.

..1910.1030(d)(4)(iv)(C) When a facility ships contaminated laundry off-site to a second facility which does not utilize Universal Precautions in the handling of all laundry, the facility generating the contaminated laundry must place such laundry in bags or containers which are labeled or color-coded in accordance with paragraph (g)(1)(i).

(f) Hepatitis B Vaccination and Post-exposure Evaluation and Follow-up.

..1910.1030(f)(1) General.

(f)(1)(i) The employer shall make available the hepatitis B vaccine and vaccination series to all employees who have occupational exposure, and post-exposure evaluation and follow-up to all employees who have had an exposure incident.

(f)(1)(ii) The employer shall ensure that all medical evaluations and procedures including the hepatitis B vaccine and vaccination series and post-exposure evaluation and follow-up, including prophylaxis, are:

(f)(1)(ii)(A) Made available at no cost to the employee;

(f)(1)(ii)(B) Made available to the employee at a reasonable time and place;

(f)(1)(ii)(C) Performed by or under the supervision of a licensed physician or by or under the supervision of another licensed healthcare professional; and

(f)(1)(ii)(D) Provided according to recommendations of the U.S. Public Health Service current at the time these evaluations and procedures take place, except as specified by this paragraph (f).

(f)(1)(iii) The employer shall ensure that all laboratory tests are conducted by an accredited laboratory at no cost to the employee.

..1910.1030(f)(2) Hepatitis B Vaccination.

(f)(2)(i) Hepatitis B vaccination shall be made available after the employee has received the training required in paragraph (g)(2)(vii)(I) and within 10 working days of initial assignment to all employees who have occupational exposure unless the employee has previously received the complete hepatitis B vaccination series, antibody testing has revealed that the employee is immune, or the vaccine is contraindicated for medical reasons.

(f)(2)(ii) The employer shall not make participation in a prescreening program a prerequisite for receiving hepatitis B vaccination.

(f)(2)(iii) If the employee initially declines hepatitis B vaccination but at a later date while still covered under the standard decides to accept the vaccination, the employer shall make available hepatitis B vaccination at that time.

(f)(2)(iv) The employer shall assure that employees who decline to accept hepatitis B vaccination offered by the employer sign the statement in Appendix A.

(f)(2)(v) If a routine booster dose(s) of hepatitis B vaccine is recommended by the U.S. Public Health Service at a future date, such booster dose(s) shall be made available in accordance with section (f)(1)(ii).

(f)(3) Post-exposure Evaluation and Follow-up. Following a report of an exposure incident, the employer shall make immediately available to the exposed employee a confidential medical evaluation and follow-up, including at least the following elements:

(f)(3)(i) Documentation of the route(s) of exposure, and the circumstances under which the exposure incident occurred;

..1910.1030(f)(3)(ii) Identification and documentation of the source individual, unless the employer can establish that identification is infeasible or prohibited by state or local law;

(f)(3)(ii)(A) The source individual’s blood shall be tested as soon as feasible and after consent is obtained in order to determine HBV and HIV infectivity. If consent is not obtained, the employer shall establish that legally required consent cannot be obtained. When the source individual’s consent is not required by law, the source individual’s blood, if available, shall be tested and the results documented.

(f)(3)(ii)(B) When the source individual is already known to be infected with HBV or HIV, testing for the source individual’s known HBV or HIV status need not be repeated.

(f)(3)(ii)(C) Results of the source individual’s testing shall be made available to the exposed employee, and the employee shall be informed of applicable laws and regulations concerning disclosure of the identity and infectious status of the source individual.

(f)(3)(iii) Collection and testing of blood for HBV and HIV serological status;

(f)(3)(iii)(A) The exposed employee’s blood shall be collected as soon as feasible and tested after consent is obtained.

..1910.1030(f)(3)(iii)(B) If the employee consents to baseline blood collection, but does not give consent at that time for HIV serologic testing, the sample shall be preserved for at least 90 days. If, within 90 days of the exposure incident, the employee elects to have the baseline sample tested, such testing shall be done as soon as feasible.

(f)(3)(iv) Post-exposure prophylaxis, when medically indicated, as recommended by the U.S. Public Health Service;

(f)(3)(v) Counseling; and

(f)(3)(vi) Evaluation of reported illnesses.

(f)(4) Information Provided to the Healthcare Professional.

(f)(4)(i) The employer shall ensure that the healthcare professional responsible for the employee’s Hepatitis B vaccination is provided a copy of this regulation.

(f)(4)(ii) The employer shall ensure that the healthcare professional evaluating an employee after an exposure incident is provided the following information:

(f)(4)(ii)(A) A copy of this regulation;

(f)(4)(ii)(B) A description of the exposed employee’s duties as they relate to the exposure incident;

(f)(4)(ii)(C) Documentation of the route(s) of exposure and circumstances under which exposure occurred;

..1910.1030(f)(4)(ii)(D) Results of the source individual’s blood testing, if available; and

(f)(4)(ii)(E) All medical records relevant to the appropriate treatment of the employee including vaccination status which are the employer’s responsibility to maintain.

(f)(5) Healthcare Professional’s Written Opinion. The employer shall obtain and provide the employee with a copy of the evaluating healthcare professional’s written opinion within 15 days of the completion of the evaluation.

(f)(5)(i) The healthcare professional’s written opinion for Hepatitis B vaccination shall be limited to whether Hepatitis B vaccination is indicated for an employee, and if the employee has received such vaccination.

(f)(5)(ii) The healthcare professional’s written opinion for post-exposure evaluation and follow-up shall be limited to the following information:

(f)(5)(ii)(A) That the employee has been informed of the results of the evaluation; and

(f)(5)(ii)(B) That the employee has been told about any medical conditions resulting from exposure to blood or other potentially infectious materials which require further evaluation or treatment.

..1910.1030(f)(5)(iii) All other findings or diagnoses shall remain confidential and shall not be included in the written report.

(f)(6) Medical Recordkeeping. Medical records required by this standard shall be maintained in accordance with paragraph (h)(1) of this section.

(g) Communication of Hazards to Employees.

(g)(1) Labels and Signs.

(g)(1)(i) Labels.

(g)(1)(i)(A) Warning labels shall be affixed to containers of regulated waste, refrigerators and freezers containing blood or other potentially infectious material; and other containers used to store, transport or ship blood or other potentially infectious materials, except as provided in paragraph (g)(1)(i)(E), (F) and (G).

(g)(1)(i)(B) Labels required by this section shall include the following legend:

BIOHAZARD

(g)(1)(i)(C) These labels shall be fluorescent orange or orange-red or predominantly so, with lettering and symbols in a contrasting color.

(g)(1)(i)(D) Labels shall be affixed as close as feasible to the container by string, wire, adhesive, or other method that prevents their loss or unintentional removal.

..1910.1030(g)(1)(i)(E) Red bags or red containers may be substituted for labels.

(g)(1)(i)(F) 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).

(g)(1)(i)(G) Individual containers of blood or other potentially infectious materials that are placed in a labeled container during storage, transport, shipment or disposal are exempted from the labeling requirement.

(g)(1)(i)(H) Labels required for contaminated equipment shall be in accordance with this paragraph and shall also state which portions of the equipment remain contaminated.

(g)(1)(i)(I) Regulated waste that has been decontaminated need not be labeled or color-coded.

(g)(2) Information and Training.

(g)(2)(i) Employers shall ensure that all employees with occupational exposure participate in a training program which must be provided at no cost to the employee and during working hours.

(g)(2)(ii) Training shall be provided as follows:

(g)(2)(ii)(A) At the time of initial assignment to tasks where occupational exposure may take place;

(g)(2)(ii)(B) Within 90 days after the effective date of the standard; and

(g)(2)(ii)(C) At least annually thereafter.

(g)(2)(iii) For employees who have received training on bloodborne pathogens in the year preceding the effective date of the standard, only training with respect to the provisions of the standard which were not included need be provided.

(g)(2)(iv) Annual training for all employees shall be provided within one year of their previous training.

..1910.1030(g)(2)(v) Employers shall provide additional training when changes such as modification of tasks or procedures or institution of new tasks or procedures affect the employee’s occupational exposure. The additional training may be limited to addressing the new exposures created.

(g)(2)(vi) Material appropriate in content and vocabulary to educational level, literacy, and language of employees shall be used.

(g)(2)(vii) The training program shall contain at a minimum the following elements:

(g)(2)(vii)(A) An accessible copy of the regulatory text of this standard and an explanation of its contents;

(g)(2)(vii)(B) A general explanation of the epidemiology and symptoms of bloodborne diseases;

(g)(2)(vii)(C) An explanation of the modes of transmission of bloodborne pathogens;

(g)(2)(vii)(D) An explanation of the employer’s exposure control plan and the means by which the employee can obtain a copy of the written plan;

(g)(2)(vii)(E) An explanation of the appropriate methods for recognizing tasks and other activities that may involve exposure to blood and other potentially infectious materials;

..1910.1030(g)(2)(vii)(F) An explanation of the use and limitations of methods that will prevent or reduce exposure including appropriate engineering controls, work practices, and personal protective equipment;

(g)(2)(vii)(G) Information on the types, proper use, location, removal, handling, decontamination and disposal of personal protective equipment;

(g)(2)(vii)(H) An explanation of the basis for selection of personal protective equipment;

(g)(2)(vii)(I) Information on the hepatitis B vaccine, including information on its efficacy, safety, method of administration, the benefits of being vaccinated, and that the vaccine and vaccination will be offered free of charge;

(g)(2)(vii)(J) Information on the appropriate actions to take and persons to contact in an emergency involving blood or other potentially infectious materials;
(g)(2)(vii)(K) An explanation of the procedure to follow if an exposure incident occurs, including the method of reporting the incident and the medical follow-up that will be made available;

(g)(2)(vii)(L) Information on the post-exposure evaluation and follow-up that the employer is required to provide for the employee following an exposure incident;

..1910.1030(g)(2)(vii)(M) An explanation of the signs and labels and/or color coding required by paragraph (g)(1); and

(g)(2)(vii)(N) An opportunity for interactive questions and answers with the person conducting the training session.

(g)(2)(viii) The person conducting the training shall be knowledgeable in the subject matter covered by the elements contained in the training program as it relates to the workplace that the training will address.

..1910.1030(g)(2)(ix)(C) The employer shall provide a training program to employees who have no prior experience in handling human pathogens. Initial work activities shall not include the handling of infectious agents. A progression of work activities shall be assigned as techniques are learned and proficiency is developed. The employer shall assure that employees participate in work activities involving infectious agents only after proficiency has been demonstrated.

(h) Recordkeeping.

(h)(1) Medical Records.

(h)(1)(i) The employer shall establish and maintain an accurate record for each employee with occupational exposure, in accordance with 29 CFR 1910.1020.

(h)(1)(ii) This record shall include:

(h)(1)(ii)(A) The name and social security number of the employee;

(h)(1)(ii)(B) A copy of the employee’s hepatitis B vaccination status including the dates of all the hepatitis B vaccinations and any medical records relative to the employee’s ability to receive vaccination as required by paragraph (f)(2);

(h)(1)(ii)(C) A copy of all results of examinations, medical testing, and follow-up procedures as required by paragraph (f)(3);

(h)(1)(ii)(D) The employer’s copy of the healthcare professional’s written opinion as required by paragraph (f)(5); and

..1910.1030(h)(1)(ii)(E) A copy of the information provided to the healthcare professional as required by paragraphs (f)(4)(ii)(B)(C) and (D).

(h)(1)(iii) Confidentiality. The employer shall ensure that employee medical records required by paragraph (h)(1) are:

(h)(1)(iii)(A) Kept confidential; and

(h)(1)(iii)(B) Not disclosed or reported without the employee’s express written consent to any person within or outside the workplace except as required by this section or as may be required by law.

(h)(1)(iv) The employer shall maintain the records required by paragraph (h) for at least the duration of employment plus 30 years in accordance with 29 CFR 1910.1020.

(h)(2) Training Records.

(h)(2)(i) Training records shall include the following information:

(h)(2)(i)(A) The dates of the training sessions;

(h)(2)(i)(B) The contents or a summary of the training sessions;

(h)(2)(i)(C) The names and qualifications of persons conducting the training; and

..1910.1030 (h)(2)(i)(D) The names and job titles of all persons attending the training sessions.

(h)(2)(ii) Training records shall be maintained for 3 years from the date on which the training occurred.

(h)(3) Availability.

(h)(3)(i) The employer shall ensure that all records required to be maintained by this section shall be made available upon request to the Assistant Secretary and the Director for examination and copying.

(h)(3)(ii) Employee training records required by this paragraph shall be provided upon request for examination and copying to employees, to employee representatives, to the Director, and to the Assistant Secretary.

(h)(3)(iii) Employee medical records required by this paragraph shall be provided upon request for examination and copying to the subject employee, to anyone having written consent of the subject employee, to the Director, and to the Assistant Secretary in accordance with 29 CFR 1910.1020.

..1910.1030(h)(4) Transfer of Records.

(h)(4)(i) The employer shall comply with the requirements involving transfer of records set forth in 29 CFR 1910.1020(h).

(h)(4)(ii) If the employer ceases to do business and there is no successor employer to receive and retain the records for the prescribed period, the employer shall notify the Director, at least three months prior to their disposal and transmit them to the Director, if required by the Director to do so, within that three month period.

(i) Dates.

(i)(1) Effective Date. The standard shall become effective on March 6, 1992.

Appendix A

I understand that due to my occupational exposure to blood or other potentially infectious materials I may be at risk of acquiring hepatitis B virus (HBV) infection. I have been given the opportunity to be vaccinated with hepatitis B vaccine, at no charge to myself. However, I decline hepatitis B vaccination at this time. I understand that by declining this vaccine, I continue to be at risk of acquiring hepatitis B, a serious disease. If in the future I continue to have occupational exposure to blood or other potentially infectious materials and I want to be vaccinated with hepatitis B vaccine, I can receive the vaccination series at no charge to me.