Blood exposure for recycling sorters and needle-removal supervisors

June 29, 1993

Allen R. Keith,
Safety Director
Wellman, Inc.
[Recipient address omitted]
Dear Mr. Keith:

This is in response to your letter received May 25, regarding the Occupational Safety and Health Administration (OSHA) regulation 29 CFR 1910.1030, "Occupational Exposure to Bloodborne Pathogens."

Your company operates recycling centers for governmental entities which have implemented procedures to follow when a sorter sights a hypodermic needle among the recycled material. You asked whether, based on your listing of these procedures, the "infrequent and intermittent presence of needles at an automated material recovery facility constitutes reasonably anticipated occupational exposure."

As your letter documents, the following are the procedures normally utilized when a needle or needles are visually sighted by a manual sorter:

A. The conveyor line is immediately stopped. B. The shift supervisor is notified and assumes responsibility for the removal and disposal of the needle in accordance with procedures agreed upon with the governmental entity.

C. Disposal procedures include requirement for the supervisor to wear protective safety clothing and glasses, and to pick up and place needle in sharps container using tongs.

D. Sharps containers are labeled and handled as biohazard waste.

E. The final disposal of sharps container is contractually the responsibility of the governmental entity.

It appears that these procedures are adequate to prevent exposure incidents to manual sorters, and there does not appear to be reasonable anticipation of contact with blood by these sorters. They therefore would not be considered to have occupational exposure. However, if an exposure incident occurs among the manual sorters, work practices must be analyzed and changed to reduce the exposure potential. Otherwise, contact with blood may be reasonably anticipated, and the manual sorters would be considered to have occupational exposure.

It is the employer's responsibility to evaluate the task being performed and whether employees have occupational exposure. If OSHA determines, on a case-by-case basis, that sufficient evidence exists of reasonably anticipated exposure, the employer will be held responsible for providing the protections of 29 CFR 1910.1030 to the employees with occupational exposure.

Please bear in mind that all shift supervisors who assume responsibility for the removal and disposal of the needles in accordance with the procedures documented in your scenario must be covered by all requirements of the standard, including vaccination after training and within ten days of assignment.

We hope this information has been responsive to your concerns. 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.]