Bloodborne pathogen coverage for telecommunications first-aid staff

April 28, 1992

Mr. Edwin B. Downey Director,
Industrial Hygiene
U.S. West, Inc.
[Recipient address omitted]
Dear Mr. Downey:

This is in response to your letter of March 24, regarding the applicability of 29 CFR 1910.1030, "Occupational Exposure to Bloodborne Pathogens", to the telecommunications industry.

The bloodborne pathogens standard addresses the broad issue of occupational exposure to blood and other potentially infectious materials and is not meant solely for employees in health care settings. Since there is no population that is risk free for human immunodeficiency virus and hepatitis B virus infectivity, any employee who has occupational exposure to blood or other potentially infectious materials is included within the scope of this standard.

It is important to note that "occupational exposure" is defined as "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". OSHA anticipates that this standard will impact upon all non-health care industries in a similar fashion, i.e., that employees who are designated as responsible for rendering first aid or medical assistance as part of their job duties are to be covered by this standard. This is because it is reasonable to anticipate that an employee who is designated to render medical assistance aid will have occupational exposure to blood or other potentially infectious materials.

One point of clarification concerning your letter must be made. It is incorrect to state, as you do, that "the bloodborne pathogens standard specifically excludes good samaritans who are first aid trained from the scope of the rule". The standard, in fact, excludes employees who perform unanticipated "Good Samaritan" acts from coverage by the standard since such an action does not constitute "occupational exposure". However, the preamble specifically refers to "employees whose duty is to provide first aid or medical assistance" and states that "employers must provide them with the protection of this standard". Also in this section, is the following reference: "One employee may assist another employee who has a nosebleed or who is bleeding as the result of a fall. This [Good Samaritan act] would not be considered an occupational exposure unless the employee who provides assistance is a member of a first aid team or is otherwise expected to render medical assistance as one of his or her duties".

You are correct that 29 CFR 1910.268, OSHA's Telecommunications Standard, requires telecommunication employers to train employees in first aid. However, the agency believes that not all these employees would necessarily be designated to render medical assistance. The designation of specific individuals as responsible for rendering medical assistance is the employer's decision. For example, a stable six-person crew could have two of the six employees designated to render medical assistance and also to be covered by the requirements of 29 CFR 1910.1030.

OSHA's regulatory impact analysis for the standard utilized the Agency's survey data on vaccine acceptance rates and estimated that approximately half of the employees offered the vaccine would accept it. The other requirements of the standard, such as training these employees in the hazards of bloodborne pathogens and providing them with the proper personal protective equipment for use in case an emergency occurs, are extremely basic needs for a designated first aid provider. To further clarify this issue, the agency is currently gathering additional information concerning the estimates of cost to the telecommunications industry.

We hope this information is responsive to your concerns. Thank you for your interest in worker safety and health.

Sincerely,
Patricia K. Clark,
Directorate of Compliance Programs

[Requester letter reproduced on OSHA page; omitted here.]