OSHA to Hold Stakeholder Meetings in Advance of Possible Rulemaking to Limit Occupational Exposure to Infectious Diseases

The Occupational Safety and Health Administration will hold a series of stakeholder meetings on July 29, 2011 to gather information on how best to limit occupational exposure to infectious diseases. According to a notice (pdf) to be published in the Federal Register, the agency is considering the development of a program standard to limit exposure to infectious agents for workers who provide direct patient care or perform tasks other than direct patient care, but are nonetheless exposed to infectious diseases. As discussed in the notice, the latter category might include such tasks as providing patient support services such as housekeeping, food delivery, or facility maintenance; handling, transporting, receiving or processing infectious items or waste; maintaining, servicing or repairing medical equipment that is contaminated with infectious agents; conducting autopsies; performing mortuary services; and performing tasks in laboratories that could result in occupational exposure to diseases.

The agency plans to use the information provided during two three-hour stakeholder meetings to develop a possible rule governing occupational disease exposure. The meetings will be limited to approximately 30 participants per session, although members of the general public may observe, but not participate in, the meetings if space allows. The topics slated for discussion include the following:

  • Whether and to what extent an OSHA standard on occupational exposure to infectious diseases should apply in settings where workers provide direct patient care, as well as, settings where workers have occupational exposure even though they don’t provide direct patient care. Whether and to what extent there are any other settings where an OSHA standard should apply.
  • The advantages and disadvantages of using a program standard to limit occupational exposure to infectious diseases, and the advantages and disadvantages of taking other approaches to organizing a prospective standard.
  • Whether and to what extent an OSHA standard should require each employer to develop a written worker infection control plan (WICP) that documents how the employer will implement the infection control measures it will use to protect the workers in its facility.
  • Whether and to what extent an OSHA standard should require each employer to implement its WICP through a section addressing methods of compliance.
  • Whether and to what extent an OSHA standard should require each employer to make available routine medical screening and surveillance, vaccinations to prevent infection, and post-exposure evaluation and follow-up to all workers who have been exposed to a suspected or confirmed source of an infectious agent(s) without the benefit of appropriate infection control measures.
  • Whether and to what extent an OSHA standard should require the employer to establish and maintain medical records, exposure incident records, and records of reviews of its worker infection control program, and whether and to what extent an OSHA standard should contain other recordkeeping requirements.

Interested participants in the meetings – to be held on July 29, 2011 from 9:00 a.m. - noon and from 1:30 p.m. - 4:30 p.m. in the Francis Perkins Building, Room N-4437 at 200 Constitution Avenue, NW., Washington, DC 20210 – must file a request by July 22, 2011. Requests to participate in one of the meetings may be made electronically, via facsimile to: (781) 674-7200 (include "Attention: OSHA Infectious Diseases Stakeholder Meeting Registration” in the subject line) or by regular mail, express delivery, hand (courier) delivery, and messenger service to: OSHA Infectious Diseases Stakeholder Meeting Registration, Attention: Thomas Nerad, OSHA, Room N-3718, 200 Constitution Avenue, NW., Washington, DC 20210. Participants are asked to specify which meeting they would like to attend, in addition to their name, address, phone, fax, e-mail, organization for which they work and/or represent, and stakeholder category: government, industry, union, trade association, insurance, manufacturers, consultants, or other. According to OSHA, formal presentations by stakeholders will not be permitted in order to facilitate discussion.

Photo credit:  dra_schwartz

Information contained in this publication is intended for informational purposes only and does not constitute legal advice or opinion, nor is it a substitute for the professional judgment of an attorney.