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Bloodborne pathogen rule excludes construction work in 1992

Summary A senator asked whether construction workers were covered by the new bloodborne pathogens standard. OSHA said it was changing its enforcement instruction to exclude construction work as then defined, but that maintenance remained general industry work. Maintenance workers with actual or potential occupational exposure were still covered by the standard.
Document
Federal opinion letter
Agency
Occupational Safety and Health Administration (OSHA)
Document number
1992-08-14-1
Date issued
August 14, 1992
Status
Archived by the agency
OSHA marks this page as an archive document and says it may no longer represent OSHA policy.
Status last verified October 9, 2026
Topics
Workplace Safety OSHA 1910 Bloodborne Pathogens Construction Maintenance
Source
View the official document

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NOTICE: This is an OSHA Archive Document, and may no longer represent OSHA Policy. It is presented here as historical content, for research and review purposes only.

August 14, 1992

The Honorable Slade Gorton
United States Senate
[Recipient address omitted]
Dear Senator Gorton:

This is in response to your letter of July 20, on the behalf of your constituent Mr. Steve R. Washburn, concerning the Occupational Safety and Health Administration (OSHA) coverage of construction employees under 29 CFR 1910.1030, "Occupational Exposure to Bloodborne Pathogens." Thank you for the opportunity to clarify this important issue.

In response to numerous inquiries, we will be changing OSHA Instruction CPL 2-2.44C, "Enforcement Procedures for the Occupational Exposures to Bloodborne Pathogens Standard," to state that the recently promulgated standard on bloodborne pathogens (29 CFR 1910.1030) does not apply to construction work as defined in 29 CFR 1910.12. Please be advised that maintenance operations with actual or potential exposure to blood or other potentially infectious material are general industry activities, not construction work and, consequently, are covered by all the provisions of 29 CFR 1910.1030.

Sincerely,
Patricia K. Clark, Director
Directorate of Compliance Programs

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