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Lodi Unified School District

Policy 4119.42 - Exposure Control Plan for Bloodborne Pathogens

Exposure Control Plan for Bloodborne

As part of its commitment to provide a safe and healthy work environment, the Board of Education recognizes the importance of protecting employees from possible infection due to contact with bloodborne pathogens, including, but not limited to, hepatitis B virus, hepatitis C virus and human immunodeficiency virus (HIV).  The Superintendent or designee shall establish a written exposure control plan in accordance with state and federal standards for dealing with potentially infectious materials in the workplace.
 
The exposure control plan shall be consistent with the district’s injury and illness prevention program established pursuant to Labor Code 6401.7, and 8 CCR 3203.
 
The Superintendent or designee shall determine which employees have occupational exposure to bloodborne pathogens and other potentially infectious materials. In accordance with the district’s exposure control plan, employees having occupational exposure shall be offered the hepatitis B vaccination.
 
Any employee not identified by the Superintendent or designee as having occupational exposure may submit a request to the Superintendent or designee to be included in the training and hepatitis B vaccination program. The Superintendent or designee may deny a request when there is no reasonable anticipation of contact with any infectious material.
 
In the event that an employee has an exposure incident, the district shall implement follow-up procedures in accordance with the exposure control plan. All such incidents shall be evaluated to determine whether changes need to be made in district practices.

Rule 4119.42

The Superintendent or designee shall use engineering and work practice controls to eliminate or minimize employee exposure, and shall regularly examine and update controls to ensure their effectiveness.

Universal precautions will be observed to prevent contact with blood and 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.

"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), hepatitis C virus (HCV) and human immunodeficiency virus (HIV).

"Engineering Controls" means controls (e.g., sharps disposal containers, needleless systems and sharps with engineered sharps injury protection) that isolate or remove the bloodborne pathogens hazard from the workplace.

"Engineered Sharps Injury Protection" means either:

(1) A physical attribute built into a needle device used for withdrawing body fluids, accessing a vein or artery, or administering medications or other fluids, which effectively reduces the risk of an exposure incident by a mechanism such as barrier creation, blunting, encapsulation, withdrawal or other effective mechanisms; or

(2) A physical attribute built into any other type of needle device, or into a non-needle sharp, which effectively reduces the risk of an exposure incident.

"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.

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

"HBV" means hepatitis B virus.

"HCV" means hepatitis C virus.

“HIV” means human immunodeficiency virus

"Needle" or "Needle Device" means a needle of any type, including, but not limited to, solid and hollow-bore needles.

"Needleless System" means a device that does not utilize needles for:

  1. The withdrawal of body fluids after initial venous or arterial access is established;
  2. The administration of medication or fluids; and
  3. Any other procedure involving the potential for an exposure incident.

"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.

"OPIM" means other potentially infectious materials.

"Other Potentially Infectious Materials" means: Any of the following, if known or reasonably likely to contain or be infected with HIV, HBV, or HCV:

  1. Cell, tissue, or organ cultures from humans or experimental animals;
  2. Blood, organs, or other tissues from experimental animals; or
  3. Culture medium or other solutions.

"Parenteral Contact" means piercing mucous membranes or the skin barrier through such events as needle sticks, human bites, cuts, and abrasions.

"Personal Protective Equipment" is specialized clothing or equipment worn or used 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.

"Regulated Waste" means waste that is any of the following:

  1. Liquid or semi-liquid blood or OPIM;
  2. Contaminated items that:
    1. (A) Contain liquid or semi-liquid blood, or are caked with dried blood or OPIM; and
    2. (B) Are capable of releasing these materials when handled or compressed.
  3. Contaminated sharps.
  4. Pathological and microbiological wastes containing blood or OPIM.

"Sharp" means any object used or encountered in the industries covered by subsection (a) that can be reasonably anticipated to penetrate the skin or any other part of the body, and to result in an exposure incident, including, but not limited to, needle devices, scalpels, lancets, broken glass, broken capillary tubes, exposed ends of dental wires and dental knives, drills and burs.

"Sharps Injury" means any injury caused by a sharp, including, but not limited to, cuts, abrasions, or needle sticks.

"Sharps Injury Log" means a written or electronic record satisfying the requirements of subsection (c) (2).

"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, HCV, and other bloodborne pathogens.

"Work Practice Controls" means controls that reduce the likelihood of exposure by defining the manner in which a task is performed (e.g., prohibiting recapping of needles by a twohanded technique and use of patient-handling techniques).

  1. Exposure Response, Prevention and Control.
    1. Exposure Control Plan.
      1. The Exposure Control Plan is accessible to employees in accordance with Section 3204(e).
      2. The Exposure Control Plan shall be reviewed and updated at least annually and whenever necessary as follows:
        1. To reflect new or modified tasks and procedures which affect occupational exposure;
          1. To reflect changes in technology that eliminate or reduce exposure to bloodborne pathogens; and
          2. To document consideration and implementation of appropriate commercially available needleless systems and needle devices and sharps with engineered sharps injury protection;
        2. To include new or revised employee positions with occupational exposure;
        3. To review and evaluate the exposure incidents which occurred since the previous update; and
        4. To review and respond to information indicating that the Exposure Control Plan is deficient in any area.
    2. Sharps Injury Log. The employer shall establish and maintain a Sharps Injury Log, which is a record of each exposure incident involving a sharp. The information recorded shall include the following information, if known or reasonably available:
      1. Date and time of the exposure incident;
      2. Type and brand of sharp involved in the exposure incident;
      3. A description of the exposure incident which shall include:
        1. Job classification of the exposed employee;
        2. Department or work area where the exposure incident occurred;
        3. The procedure that the exposed employee was performing at the time of the incident;
        4. How the incident occurred;
        5. The body part involved in the exposure incident;
        6. If the sharp had engineered sharps injury protection, whether the protective mechanism was activated, and whether the injury occurred before the protective mechanism was activated, during activation of the mechanism or after activation of the mechanism, if applicable;
        7. If the sharp had no engineered sharps injury protection, the injured employee's opinion as to whether and how such a mechanism could have prevented the injury; and
        8. The employee's opinion about whether any engineering, administrative or work practice control could have prevented the injury.
      4. Each exposure incident shall be recorded on the Sharps Injury Log within 14 working days of the date the incident is reported to the employer.
      5. The information in the Sharps Injury Log shall be recorded and maintained in such a manner as to protect the confidentiality of the injured employee.
    3. Exposure Determination.
      1. Each employer who has an employee(s) with occupational exposure as defined by subsection (b) of this section shall prepare an exposure determination. This exposure determination shall contain the following:
        1. A list of all job classifications in which all employees in those job classifications have occupational exposure;
        2. A list of job classifications in which some employees have occupational exposure; and
        3. 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 subsection (c)(3)(A)2. of this standard.
      2. This exposure determination shall be made without regard to the use of personal protective equipment.
  2. Methods of Compliance.
    1. General. Universal precautions shall be observed to prevent contact with blood or OPIM. Under circumstances in which differentiation between body fluid types is difficult or impossible, all body fluids shall be considered potentially infectious materials.
    2. Engineering and Work Practice Controls -General Requirements.
      1. Engineering and work practice controls shall be used to eliminate or minimize employee exposure.
      2. Engineering controls shall be examined and maintained or replaced on a regular schedule to ensure their effectiveness.
      3. Work practice controls shall be evaluated and updated on a regular schedule to ensure their effectiveness.
      4. All procedures involving blood or OPIM shall be performed in such a manner as to minimize splashing, spraying, spattering, and generation of droplets of these substances.
    3. Engineering and Work Practice Controls -Specific Requirements.
      1. Needleless Systems, Needle Devices and non-Needle Sharps.
        1. Needleless Systems. Needleless systems shall be used for:
          1. Withdrawal of body fluids after initial venous or arterial access is established;
          2. Administration of medications or fluids; and
          3. Any other procedure involving the potential for an exposure incident for which a needleless system is available as an alternative to the use of needle devices.
        2. Needle Devices. If needleless systems are not used, needles with engineered sharps injury protection shall be used for:
          1. Withdrawal of body fluids;
          2. Accessing a vein or artery;
          3. Administration of medications or fluids; and
          4. Any other procedure involving the potential for an exposure incident for which a needle device with engineered sharps injury protection is available.
        3. Non-Needle Sharps. If sharps other than needle devices are used, these items shall include engineered sharps injury protection.
        4. Exceptions. The following exceptions apply to the engineering controls required by subsections (d) (3) (A) 1.-3.:
          1. Market Availability. The engineering control is not required if it is not available in the marketplace.
          2. Patient Safety. The engineering control is not required if a licensed healthcare professional directly involved in a patient's care determines, in the reasonable exercise of clinical judgment, that use of the engineering control will jeopardize the patient's safety or the success of a medical, dental or nursing procedure involving the patient. The determination shall be documented according to the procedure required by (c) (1) (B) 7.
          3. Safety Performance. The engineering control is not required if the employer can demonstrate by means of objective product evaluation criteria that the engineering control is not more effective in preventing exposure incidents than the alternative used by the employer.
          4. Availability of Safety Performance Information. The engineering control is not required if the employer can demonstrate that reasonably specific and reliable information is not available on the safety performance of the engineering control for the employer's procedures, and that the employer is actively determining by means of objective product evaluation criteria whether use of the engineering control will reduce the risk of exposure incidents occurring in the employer's workplace.
      2. Prohibited Practices.
        1. Shearing or breaking of contaminated needles and other contaminated sharps is prohibited.
        2. Contaminated sharps shall not be bent, recapped, or removed f from devices. Exception: Contaminated sharps may be bent, recapped or removed from devices if: a) The employer can demonstrate that no alternative is feasible or that such action is required by a specific medical or dental procedure; and b) The procedure is performed using a mechanical device.
        3. Sharps that are contaminated with blood or OPIM shall not be stored or processed in a manner that requires employees to reach by hand into the containers where these sharps have been placed.
        4. Disposable sharps shall not be reused.
        5. Broken Glassware. 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.
        6. The contents of sharps containers shall not be accessed unless properly reprocessed or decontaminated.
        7. Sharps containers shall not be opened, emptied, or cleaned manually or in any other manner which would expose employees to the risk of sharps injury.
        8. Mouth pipetting/suctioning of blood or OPIM is prohibited.
        9. 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.
        10. Food and drink shall not be kept in refrigerators, freezers, shelves, cabinets or on countertops or bench tops where blood or OPIM are present.
      3. Requirements for Handling Contaminated Sharps.
        1. All procedures involving the use of sharps in connection with patient care, such as withdrawing body fluids, accessing a vein or artery, or administering vaccines, medications or fluids, shall be performed using effective patient-handling techniques and other methods designed to minimize the risk of a sharps injury.
        2. Immediately or as soon as possible after use, contaminated sharps shall be placed in containers meeting the requirements of subsection (d) (3) (D) as applicable.
        3. At all-time during the use of sharps, containers for contaminated sharps shall be:
          1. 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);
          2. Maintained upright throughout use, where feasible; and
          3. Replaced as necessary to avoid overfilling.
      4. Sharps Containers for Contaminated Sharps.
        1. All sharps containers for contaminated sharps shall be:
          1. Rigid;
          2. Puncture resistant;
          3. Leak-proof on the sides and bottom;
          4. Portable, if portability is necessary to ensure easy access by the user as required by subsection (d) (3) (C) 3.a.; and
          5. Labeled in accordance with subsection (g) (1) (A) (2). 2. If discarded sharps are not to be reused, the sharps container shall also be closeable and sealable so that when sealed, the container is leak resistant and incapable of being reopened without great difficulty.
      5. Regulated Waste.
        1.  General. Handling, storage, treatment and disposal of all regulated waste shall be in accordance with Health and Safety Code Chapter 6.1, Sections 117600 through 118360, and other applicable regulations of the United States, the State, and political subdivisions of the State.
        2. Disposal of Sharps Containers. When any container of contaminated sharps is moved from the area of use for the purpose of disposal, the container shall be:
          1. Closed immediately prior to removal or replacement to prevent spillage or protrusion of contents during handling, storage, transport, or shipping; and
          2. Placed in a secondary container if leakage is possible. The second container shall be:
            1. i. Closable;
            2. ii. Constructed to contain all contents and prevent leakage during handling, storage, transport, or shipping; and
            3. iii. Labeled according to subsection (g) (1) (A) of this section.
        3. Disposal of Other Regulated Waste. Regulated waste not consisting of sharps shall be disposed of in containers which are:
          1. Closable;
          2. Constructed to contain all contents and prevent leakage during handling, storage, transport, or shipping;
          3. Labeled and color-coded in accordance with subsection (g) (1) (A) of this section; and
          4. Closed prior to removal to prevent spillage or protrusion of contents during handling, storage, transport, or shipping.
      6. Cleaning and Decontamination of the Worksite.
        1. General Requirements.
          1. Employers shall ensure that the worksite is maintained in a clean and sanitary condition.
          2. Employers shall determine and implement appropriate written methods and schedules for cleaning and decontamination of the worksite.
          3. The method of cleaning or decontamination used shall be effective and shall be appropriate for the:
            1. i. Location within the facility;
            2. ii. Type of surface or equipment to be treated;
            3. iii. Type of soil or contamination present; and
            4. iv. Tasks or procedures being performed in the area.
          4. All equipment and environmental and work surfaces shall be cleaned and decontaminated after contact with blood or OPIM no later than at the end of the shift. Cleaning and decontamination of equipment and work surfaces is required more often as specified below.
        2. Specific Requirements.
          1. Contaminated Work Surfaces. Contaminated work surfaces shall be cleaned and decontaminated with an appropriate disinfectant immediately or as soon as feasible when:
            1. Surfaces become overtly contaminated;
            2. There is a spill of blood or OPIM;
            3. Procedures are completed; and
            4. At the end of the work shift if the surface may have become contaminated since the last cleaning.
          2. Receptacles. All bins, pails, cans, and similar receptacles intended for reuse which have a reasonable likelihood for becoming contaminated with blood or OPIM shall be inspected and decontaminated on a regularly scheduled basis and cleaned and decontaminated immediately or as soon as feasible upon visible contamination.
          3. Protective Coverings. Protective coverings, such as plastic wrap, aluminum foil, or imperviously-backed absorbent paper used to cover equipment and environmental surfaces, shall be removed and replaced as soon as feasible when they become overtly contaminated or at the end of the work shift if they may have become contaminated during the shift.
      7. Hygiene.
        1. Employers shall provide hand washing facilities which are readily accessible to employees.
        2. When provision of hand washing 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.
        3. Employers shall ensure that employees wash their hands immediately or as soon as feasible after removal of non-latex gloves or other personal protective equipment.
        4. 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 OPIM.
      8. Laundry.
        1. Contaminated laundry shall be handled as little as possible with a minimum of agitation.
          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.
    4. Personal Protective Equipment.
      1. Provision. Where occupational exposure remains after institution of engineering and work practice controls, the employer shall provide, at no cost to the employee, appropriate personal protective equipment such as, but not limited to, non-latex 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 OPIM 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.
      2. 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 judgment, the circumstances shall be investigated and documented in order to determine whether changes can be instituted to prevent such occurrences in the future. The employer shall encourage employees to report all such instances without fear of reprisal in accordance with Section 3203.
      3. 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 non-latex gloves, glove liners, powder less non-latex gloves, or other similar alternatives shall be readily accessible to those employees who are allergic to the non-latex gloves normally provided.
      4. Cleaning, Laundering, and Disposal. The employer shall clean, launder, and dispose of personal protective equipment required by subsections (d) and (e) of this standard, at no cost to the employee.
      5. Repair and Replacement. The employer shall repair or replace personal protective equipment as needed to maintain its effectiveness, at no cost to the employee.
      6. Removal.
        1. If a garment(s) is penetrated by blood or OPIM, the garment(s) shall be removed immediately or as soon as feasible.
        2. All personal protective equipment shall be removed prior to leaving the work area.
        3. When personal protective equipment is removed it shall be placed in an appropriately designated area or container for storage, washing, decontamination or disposal.
      7. (G) Non-latex gloves. Non-latex gloves shall be worn when it can be reasonably anticipated that the employee may have hand contact with blood, OPIM, mucous membranes, and non-intact skin; when performing vascular access procedures except as specified in subsection (d)(4)(G)4.; and when handling or touching contaminated items or surfaces. These requirements are in addition to the provisions of Section 3384.
        1. Disposable (single use) non-latex gloves such as surgical or examination non-latex 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.
        2. Disposable (single use) non-latex gloves shall not be washed or decontaminated for re-use.
        3. Utility non-latex 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.
      8. Masks, Eye Protection, Face Shields, and Respirators.
        1. Masks in combination with eye protection devices, such as goggles or glasses with solid side shields, or chin-length face shields, shall be worn whenever splashes, spray, spatter, or droplets of blood or OPIM may be generated and eye, nose, or mouth contamination can be reasonably anticipated. These requirements are in addition to the provisions of Section 3382.
        2. Where respiratory protection is used, the provisions of Sections 5144 and 5147 are required as applicable. Note: Surgical masks are not respirators.
          1. (I) Gowns, Aprons, and Other Protective Body Clothing.
            1. 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. These requirements are in addition to the provisions of Section 3383.

(A) 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:

1. Made available at no cost to the employee;

2. Made available to the employee at a reasonable time and place;

3. Performed by or under the supervision of a licensed physician or by or under the supervision of another licensed healthcare professional; and

4. 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 subsection (f).

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

(1) Hepatitis B Vaccination.

(A) Hepatitis B vaccination shall be made available after the employee has received the training required in subsection (g) (2) (G) 9. 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.

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

(C) 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.

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

(E) 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)(B).

(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:

(A) The employer shall document the route(s) of exposure, and the circumstances under which the exposure incident occurred;

(B) The employer shall identify and document the source individual, unless the employer can establish that identification is infeasible or prohibited by state or local law;

1. The source individual's blood shall be tested as soon as feasible and after consent is obtained in order to determine HBV, HCV 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.

2. When the source individual is already known to be infected with HBV, HCV or HIV, testing for the source individual's known HBV, HCV or HIV status need not be repeated.

3. 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.

(C) The employer shall provide for collection and testing of the employee's blood for HBV, HCV and HIV serological status;

1. The exposed employee's blood shall be collected as soon as feasible and tested after consent is obtained.

2. 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.

3. Additional collection and testing shall be made available as recommended by the U.S. Public Health Service.

(D) The employer shall provide for post-exposure prophylaxis, when medically indicated, as recommended by the U.S. Public Health Service;

(E) The employer shall provide for counseling and evaluation of reported illnesses.

(4) Information Provided to the Healthcare Professional.

(A) The employer shall ensure that the healthcare professional responsible for the employee's hepatitis B vaccination is provided a copy of this regulation.

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

1. A copy of this regulation;

2. A description of the exposed employee's duties as they relate to the exposure incident;

3. Documentation of the route(s) of exposure and circumstances under which exposure occurred, as required by subsection (f) (3) (A);

4. Results of the source individual's blood testing, if available; and

5. All medical records relevant to the appropriate treatment of the employee including vaccination status which are the employer's responsibility to maintain, as required by subsection (h) (1) (B) 2.

(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.

(A) 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.

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

1. That the employee has been informed of the results of the evaluation; and

2. That the employee has been told about any medical conditions resulting from exposure to blood or OPIM which require further evaluation or treatment.

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

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

(g) Communication of Hazards to Employees.

(1) Labels and Signs.

(A) Labels.

1. Warning labels shall be affixed to containers of regulated waste, refrigerators and freezers containing blood or OPIM; and other containers used to store, transport or ship blood or OPIM, except as provided in subsection (g)(1)(A)5., 6. and 7. Note: Other labeling provisions, such as Health and Safety Code Sections 118275 through 118320 may be applicable.

2. Labels required by this section shall include either the following legend as required by Section 3341: Or in the case of regulated waste the legend: BIOHAZARDOUS WASTE or SHARPS WASTE as described in Health and Safety Code Sections 118275 through 118320.

3. These labels shall be fluorescent orange or orange-red or predominantly so, with lettering and symbols in a contrasting color.

4. Labels required by subsection (g)(1)(A) shall either be an integral part of the container or shall be affixed as close as feasible to the container by string, wire, adhesive, or other method that prevents their loss or unintentional removal.

5. Red bags or red containers may be substituted for labels except for sharp containers or regulated waste red bags. Bags used to contain regulated waste shall be color-coded red and shall be labeled in accordance with subsection (g) (1) (A) 2. Labels on red bags or red containers do not need to be color-coded in accordance with subsection (g) (1) (A) 3.

(2) Information and Training.

(A) 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.

(B) Training shall be provided as follows:

1. At the time of initial assignment to tasks where occupational exposure may take place;

2. At least annually thereafter.

(C) 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.

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

(E) Employers shall provide additional training when changes, such as introduction of new engineering, administrative or work practice controls, 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.

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

(G) The training program shall contain at a minimum the following elements:

1. Copy and Explanation of Standard. An accessible copy of the regulatory text of this standard and an explanation of its contents;

2. Epidemiology and Symptoms. A general explanation of the epidemiology and symptoms of bloodborne diseases;

3. Modes of Transmission. An explanation of the modes of transmission of bloodborne pathogens;

4. Employer's Exposure Control Plan. An explanation of the employer's exposure control plan and the means by which the employee can obtain a copy of the written plan;

5. Risk Identification. An explanation of the appropriate methods for recognizing tasks and other activities that may involve exposure to blood and OPIM;

6. Methods of Compliance. An explanation of the use and limitations of methods that will prevent or reduce exposure including appropriate engineering controls, administrative or work practice controls and personal protective equipment;

7. Decontamination and Disposal. Information on the types, proper use, location, removal, handling, decontamination and disposal of personal protective equipment;

8. Personal Protective Equipment. An explanation of the basis for selection of personal protective equipment;

9. Hepatitis B Vaccination. 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;

10. Emergency. Information on the appropriate actions to take and persons to contact in an emergency involving blood or OPIM;

11. Exposure Incident. An explanation of the procedure to follow if an exposure incident occurs, including the method of reporting the incident, the medical follow-up that will be made available and the procedure for recording the incident on the Sharps Injury Log;

12. Post-Exposure Evaluation and Follow-Up. Information on the postexposure evaluation and follow-up that the employer is required to provide for the employee following an exposure incident;

13. Signs and Labels. An explanation of the signs and labels and/or color coding required by subsection (g) (1); and

14. Interactive Questions and Answers. An opportunity for interactive questions and answers with the person conducting the training session. Note: Additional training is required for employees of HIV, HBV, and HCV Research Laboratories and Production Facilities, as described in subsection (e) (5).

(H) 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.

(h) Recordkeeping.

(1) Medical Records.

(A) The employer shall establish and maintain an accurate record for each employee with occupational exposure, in accordance with Section 3204.

(B) This record shall include:

1. The name and social security number of the employee;

2. 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 subsection (f)(2);

3. A copy of all results of examinations, medical testing, and follow-up procedures as required by subsection (f) (3);

4. The employer's copy of the healthcare professional's written opinion as required by subsection (f) (5); and

5. A copy of the information provided to the healthcare professional as required by subsections (f) (4) (B) 2, 3. and 4.

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

1. Kept confidential; and

2. 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.

(D) The employer shall maintain the records required by subsection (h) (1) for at least the duration of employment plus 30 years in accordance with Section 3204.

(2) Training Records.

(A) Training records shall include the following information:

1. The dates of the training sessions;

2. The contents or a summary of the training sessions;

3. The names and qualifications of persons conducting the training; and

4. The names and job titles of all persons attending the training sessions.

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

(3) Sharps Injury Log. The Sharps Injury Log shall be maintained 5 years from the date the exposure incident occurred.

(4) Availability.

(C) Employee medical records required by this subsection shall be provided upon request for examination and copying to the subject employee, to anyone having written consent of the subject employee, to the Chief, and to NIOSH in accordance with Section 3204.

(D) The Sharps Injury Log required by subsection (c) (2) shall be provided upon request for examination and copying to employees, to employee representatives, to the Chief, to the Department of Health Services, and to NIOSH.

(5) Transfer of Records.

(A) The employer shall comply with the requirements involving transfer of records set forth in Section 3204.

(B) 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 NIOSH, at least three months prior to their disposal and transmit them to the NIOSH, if required by the NIOSH to do so, within that three month period.

Legal References

Policy Reference Disclaimer:
These references are not intended to be part of the policy itself, nor do they indicate the basis or authority for the Board to enact this policy.  Instead, they are provided as additional resources for those interested in the subject matter of the policy.
 
STATE
CALIFORNIA CODE OF REGULATIONS
8 CCR 3204 Access to employee exposure and medical records
8 CCR 5193 Bloodborne pathogens
GOVERNMENT CODE
3543.2 Scope of representation
LABOR CODE
142.3 Authority of Cal/OSHA to adopt standards
144.7 Requirement to amend standards
6401.7 Injury and illness prevention program
 
FEDERAL
CODE OF FEDERAL REGULATIONS
29 CFR 1910.1030 Bloodborne pathogens
 
MANAGEMENT RESOURCES
CA DEPARTMENT OF INDUSTRIAL RELATIONS PUBLICATION
A Best Practices Approach for Reducing Bloodborne Pathogens Exposure, 2001
Exposure Control Plan for Bloodborne Pathogens, 2001
Frequently Asked Questions About the Bloodborne Pathogens Standard
WEBSITES
CSBA District and County Office of Education Legal Services https://legalservices.csba.org/#
California Department of Industrial Relations, Occupational Safety and Health http://www.dir.ca.gov/occupational_safety.html
U.S. Department of Labor, Occupational Safety and Health Administration http://www.osha.gov/ 
Centers for Disease Control and Prevention http://www.cdc.gov/