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Standard Interpretations
12/23/1992 - Construction activities and operations and the bloodborne pathogens standard. |
Standard Interpretations - Table of Contents |
Standard Number: | 1910.1030 |
December 23, 1992 Mr. Robert A. Georgine President Building and Construction Trades Department Suite 603 815 Sixteenth Street, N.W. Washington, D.C. 20006-4189 Dear Bob: This is in response to your letter in which you expressed concern at the Occupational Safety and Health Administration (OSHA) policy decision to "exempt" the construction industry from the application of Section 29 CFR 1910.1030, "The Occupational Exposure to Bloodborne Pathogens Standard." OSHA's decision did not provide an exemption to the construction industry from application of the Bloodborne Pathogens Standard; rather it clarified that it was not OSHA's intention for the standard to cover construction activities and operations. On May 19, 1992, Dorothy L. Strunk, Acting Assistant Secretary of OSHA, informed the OSHA Advisory Committee on Construction Safety and Health (the Committee) that a determination had been made that the bloodborne pathogens standard does not apply to the construction industry. She explained that the Agency's decision was based on a concern that the construction industry was not explicitly afforded notice and, in fact, did not participate in the rulemaking process. Neither the proposal nor the standard specifically mentions the construction industry, and the Committee was not formally consulted regarding this standard. Therefore, OSHA's Directorate of Compliance Programs was directed to clarify that the standard does not apply to the construction industry in the first revision of CPL 2-2.44C, "Enforcement Procedures for the Occupational Exposure to Bloodborne Pathogens." (Note: OSHA Instruction CPL 2-2.44 was cancelled and revised as CPL 2-2.69 on November 27, 2001) It should be noted that, while the bloodborne pathogens standard does not apply to construction work, as defined in 29 CFR 1910.12(b), it does apply to employees performing maintenance activities who experience occupational exposure to blood or other potentially infectious materials. OSHA expects the construction employer performing maintenance activities to take the following precautions as required by the following referenced standards: Section 29 CFR 1926.21(b)(2) requires that the employer instruct each employee in the recognition and avoidanceof unsafe conditions and in the regulations applicable to his or her work environment in order to control or eliminate any hazards or other exposure to illness or injury. Under this provision, the employer is required to train designated first aid providers in the hazards of bloodborne pathogens.Should you have any further questions, please have a member of your staff contact [the Office of Health Enforcement, at 202-693-2190]. Thank you for your interest in worker safety and health. Sincerely, LYNN MARTIN [Corrected 10/29/02] |
Standard Interpretations - Table of Contents |
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