Mixed radioactive and blood-contaminated syringe waste

October 29, 1996

Mr. John Z. Wang
Corporate Attorney
Syncor International Corporation
[Recipient address omitted]
Dear Mr. Wang:

This is in response to your letters of August 9, and the April 9, from Mr. Haig S. Bagerdjian concerning the status of a request for clarification of the Occupational Safety and Health Administration's (OSHA) Bloodborne Pathogens Standard (29 CFR 1910.1030) as it relates to syringes and needles contaminated with both a bloodborne pathogen and radioactive nuclear medicine. The primary question related to OSHA's jurisdiction over nuclear medicine, and the remaining questions were a followup based on the assumption that OSHA has jurisdiction. Please accept our regret in the delay in responding to your inquiry.

The Nuclear Regulatory Commission (NRC) has jurisdiction over the disposal of syringes and needles containing a mixed waste. The NRC and OSHA have jurisdiction over occupational safety and health at NRC-licensed facilities. OSHA and the NRC have a memorandum of understanding (MOU) that delineates the general areas of responsibility of each agency. The intent of the MOU was to minimize duplication of regulation and efforts. Each agency has its place in worker protection. NRC typically covers hazards associated with the following: radiation risk produced by radioactive materials; chemical risk produced by radioactive materials; and facility conditions which affect the safety of radioactive materials and thus present an increased radiation risk to workers. OSHA typically covers hazards associated with "facility conditions which result in an occupational risk, but do not affect the safety of licensed radioactive materials." Therefore, NRC has jurisdiction over the conditions and practices that affect the safety of licensed radioactive materials. In the case of syringes contaminated with a mixed waste, such as radioactive materials and bloodborne pathogens, if the components are covered by the NRC license, OSHA does not have jurisdiction.

Thank you for the information that you provided on the development of the "New System." OSHA does not have procedures to review and approve devices. Based on our understanding of the "New System" use in the workplace, the plastic insert appears to be an effective method to contain both the biological and radioactive wastes contained in the syringe. We appreciate your comments and hope this information provides clarification of OSHA's position.

Should you have further questions please contact [the Office of Health Enforcement at (202) 693-2190]. 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.]