Hepatitis B vaccine policy for collateral-duty first aiders

December 15, 1992

Mr. Vaughn Carner
Risk Manager
U.S. Holding, Inc.
[Recipient address omitted]
Dear Mr. Carner:

This is in further response to your letter of October 2, addressed to Dorothy L. Strunk, Acting Assistant Secretary. You wrote requesting a permanent variance from the Occupational Safety and Health Administration (OSHA) regulation on Occupational Exposure to Bloodborne Pathogens, 29 CFR 1910.1030.

We believe that a recent policy decision regarding the provision of the hepatitis B vaccine to designated first aiders will obviate your need for a variance request.

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 or 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. You should note that employees who are not designated first aiders who perform unanticipated "Good Samaritan" acts are excluded from coverage by the standard since such an action does not constitute "occupational exposure", as defined above.

OSHA has recently issued a policy statement specifying that failure to offer the hepatitis B vaccine pre-exposure to persons who render first aid solely as a collateral duty will be considered a technical violation carrying no penalties, provided that a number of conditions are met. These conditions are described in the enclosed news release. Please note that this policy does not apply to health care workers who are expected to render first aid in the course of their work or to personnel who administer first aid at a first aid station, clinic, or dispensary.

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

Sincerely,
Roger A. Clark,
Director
Directorate of Compliance Programs

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