DEPARTMENT OF LABOR

OCCUPATIONAL SAFETY and HEALTH ADMINISTRATION

29 CFR part 1910.1030

Occupational Exposure to Bloodborne Pathogens

AGENCY: Occupational Safety and Health Administration (OSHA), Labor

ACTION: Final Rule

SUMMARY: The Occupational Safety and Health Administration hereby promulgates a standard under section 6(b) of the Occupational Safety and Health Act of 1970 (the Act), 29 U.S.C. 655 to eliminate or minimize occupational exposure to Hepatitis B Virus (HBV), Human Immunodeficiency Virus (HIV) and other bloodborne pathogens. Based on a review of the information in the rulemaking record, OSHA has made a determination that employees face a significant health risk as the result of occupational exposure to blood and other potentially infectious materials because they may contain bloodborne pathogens, including hepatitis B virus which causes Hepatitis B, a serious liver disease, and human immunodeficiency virus, which causes Acquired Immunodeficiency Syndrome (AIDS). The Agency further concludes that this exposure can be minimized or eliminated using a combination of engineering and work practice controls, personal protective clothing and equipment, training, medical surveillance, Hepatitis B vaccination, signs and labels, and other provisions.

DATES: This standard shall become effective on March 5, 1992.

ADDRESSES: For additional copies of this standard, contact: OSHA Office of Publications; U.S. Department of Labor, Room N3101, 200 Constitution Ave., NW, Washington, D.C. 20210, Telephone (202) 523-9667.

For copies of materials in the docket, contact: OSHA Docket Office, Docket No. H-370, Room N2625, U.S. Department of Labor, 200 Constitution Ave, NW, Washington, D.C. 20210, Telephone (202) 523-7894. The hours of operation of the Docket Office are 10:00 a.m. until 4:00 p.m.

In compliance with 28 U.S.C. 2112 (a), the Agency designates for receipt of petitions for review of the standard, the Associate Solicitor for Occupational Safety and Health, Office of the Solicitor, Room S-4004, U.S. Department of Labor, 200 Constitution Avenue, NW., Washington, DC 20210. Any such petitions for review must be filed not later than the 59th day following the promulgation of the standard. See Section 6(f) of the OSH Act; 29 CFR 1911.18(d) and United Mine Workers of America v. Mine Safety and Health Administration, 900 F.2d 384 (D.C. Cir. 1990).

FOR FURTHER INFORMATION CONTACT: Mr. James F. Foster, OSHA, U.S. Department of Labor, Office of Public Affairs, Room N3647, 200 Constitution Avenue, NW., Washington, D.C. 20210, Telephone (202) 523-8151.

Supplementary Information:

Table of Contents

I.    Introduction
II.   Pertinent Legal Authority
III.  Events Leading to the Standard
IV.   Health Effects
V.    Quantitative Risk Assessment
VI.   Significance of Risk
VII.  Regulatory Impact Analysis and Regulatory Flexibility Analysis
VIII. Environmental Impact
IX.   Summary and Explanation of the Standard
X.    Authority and Signature
XI.   The Standard

References to the rulemaking record are in the text of the preamble. References are given as "Ex." followed by a number to designate the reference in the docket. For example, "Ex. 1" means exhibit 1 in the Docket H-370. This document is a copy of the Advance Notice of Proposed Rulemaking for Bloodborne Pathogens that was published in the Federal Register on November 27, 1987 (52 FR 45438). References to the transcripts of the public hearings are given as "Tr." followed by the date and page. For example, "Mr. Clyde R. Bragdon, Jr. Tr. 9/14/89, p. 100" refers to the first page of the testimony of Mr. Clyde A. Bragdon, Jr., Administrator of the U.S. Fire Administration, given at the public hearing on September 14, 1989. A list of the exhibits, copies of the exhibits, and copies of the transcripts are available in the OSHA Docket Office.

[56 FR 64004, Dec. 6, 1991; 57 FR 29206, July 1, 1992]