Bloodborne pathogen coverage at pregnancy test centers

September 24, 1993

Ms. Judith A. Brown
Legal Counsel
Care Net
[Recipient address omitted]
Dear Ms. Brown:

Thank you for your letter of August 19 concerning the application of the Occupational Safety and Health Administration's (OSHA) final rule for Occupational Exposure to Bloodborne Pathogens (29 CFR 1910.1030) to pregnancy care centers administering urine pregnancy tests.

In your letter you indicate that the pregnancy testing centers affiliated with Care Net provide on-site urine pregnancy tests. You also indicate that the procedures vary from one facility to another and may involve employees, volunteers, and clients performing various tasks associated with the urine test. As you know, OSHA's jurisdiction extends only to the safety and health of employees in the workplace and does not extend to volunteers or to the general public.

It is important to note that the bloodborne pathogens standard applies to all employees who have occupational exposure to blood or other potentially infectious materials (OPIM). The term "occupational exposure" means all reasonably anticipated contact with blood or other potentially infectious materials that may result from the performance of an employee's duties. Therefore, coverage under the standard is not based on the type of industry or workplace, but rather on the reasonable anticipation of worker exposure to blood or OPIM.

Under the standard, it is the employer's responsibility to evaluate each job classification for occupational exposure, taking into account all circumstances of potential exposure to determine which, if any, employees may come into contact with blood or OPIM as part of their job duties.

Your letter indicates that you anticipate that in a certain percentage of cases employees will be exposed to urine that is contaminated with blood. You correctly note that although urine is not generally considered an infectious material, any body fluid that is visibly contaminated with blood, including urine, is included within the definition of OPIM. Therefore, the reasonable anticipation of worker exposure to urine contaminated with blood would require full compliance with the standard's requirements as would any other "occupational exposure", if the center employees are required to perform the tests and/or dispose of the urine.

We hope this information is useful to you. Thank you for your interest in occupational safety and health.

Sincerely,
Roger A. Clark
Director of Compliance Programs

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