Occupational Safety & Health Standards Definition "Occupational Exposure"
The term "Occupational Exposure" is more narrowly defined to include "reasonably
anticipated skin,eye,mucus membrane,or parenteral contact with blood or other potentially infectious materials that may result
from the performance of an employees duties"
The term "reasonably anticipated" is Not Defined in the blood Borne Pathogen
Standard.
O.S.H.A. has consistently declined to establish a threshold Below which
the standard does not apply. Interperation is generally left to enforcement.
After an exposure incident occurs OSHA concludes that the employer should have
anticipated the exposure or that the exposure has now become reasonably anticipated.
State & Federal OSHA Standards have been expanded to apply to ny employer who
has reasonable knowledge of a health hazard exposure and intentionally disregards that hazard.
If such an incident results in injury or death, civil as well as criminal penalties
can be levied.
Assembly Bill AB1127 signed into law in 1999 changes California Labor Code.
Labor Code Section 6434 change # 11 is amended to
Delete the longstanding statutory exemption for governmental entities from imposition
of Ca. OSAH civil penalties.
Effective January 2000 Governmental entities will no longer be exempt from civil
penalties, including failure to abate penalties.
" governmental entities are not exempt from the imposition of civil penalties
has been added to P &P c10sec.c6 "
Essential Definitions from CCR8. 5193
[OSHA Blood Borne Pathogen Standard ]
OPIM " Other Potentially Infectious Materials"
[1] The following human body fluids: semen,vaginal secretions,cerebrospinal fluid,synovial
fluid,pleural fluid,perecadrial fluid,peritoneal fluid,amniotic fluid,saliva in dental procedures, any other body fluid that
is visibly contaminated with blood such as saliva or vomitus, and all body fluids in situations where
it is difficult or impossible to differentate between body fluids, such as energency response;
[2] Any unfixed tissue or organ [ other than intact skin ] from a human [living
or dead ];
[3] HIV- containing cell or tissue cultures, organ cultures, and HIV or HVB containing
culture medium or other solutions: and blood, organs,or other tissues from experimental animals infected with HIV or HVB,
needlesticks, human bites, cuts, and abrasions.
" Regulated Waste" means liquid or semi-liquid blood or other potentially infectious
materials: Contaminated items that would release blood or other potentially infectious materials in a liqiud or semi-liquid
state if compressed: items that are caked with dried blood or other potentially infectious materials ans are capable of releasing
there materialsduring handeling: contaminated sharps and pathological and microbiological wastes containint blood or other
potentially infectious materials.
Regulated Waste includes "Medical Waste" regulated by Health and Safety code Chapter
6.1 Medical Waste Management Act 117600-118360