Surgical smoke and OSHA's general duty clause

April 18, 1996

Julie Thompson, R.N., M.S.N., CNOR
Assistant Director
University of Texas Medical Branch
Perioperative Nursing
[Recipient address omitted]
Dear Ms. Thompson:

Thank you for your letter addressed to John Miles of the Occupational Safety and Health Administration (OSHA) concerning the agency's requirements addressing hazards of smoke generated from surgical procedures. Specifically, you inquired if there is a specific OSHA guideline that mandates the evacuation of surgical smoke generated by electrosurgery during operative procedures.

OSHA does not have a specific standard that addresses inhalation hazards related to smoke from surgical procedures. Related to your question, OSHA does have a regulation that addresses the hazards of bloodborne pathogens (29 CFR 1910.1030). A copy has been enclosed.

Please understand that in cases where a particular hazard is not addressed by any OSHA standard, the general duty clause may be cited. The general duty clause, Section 5(a)(1) of the Occupational Safety and Health Act of 1970, applies to all employers and requires each employer to provide employees with a place of employment which is free of recognized hazards that may cause death or serious physical harm. Section 5(a)(1) citations must of course meet the requirements outlined in OSHA's Field Inspection Reference Manual (FIRM) Chapter III. C., and will only be issued where there is a serious and recognized hazard in the workplace which can be feasibly abated.

Enclosed for your information is a Health Hazard Information Bulletin: Hazard of Laser Surgery Smoke, dated April 11, 1988, that you may find informative.

Thank you for your interest in occupational safety and health.

Sincerely,
Ruth McCully, Director
Office of Health Compliance Assistance

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