OSHA Safety Standards - Commonly Asked Questions

Modified on Fri, 27 Sep at 10:51 AM

This article covers some commonly asked questions about OSHA safety standards that apply to medical and dental practices

1. Safety Standard: Hazard Communication

Question:
"I would like to get copies of labels that are required for any dental products that are put into unlabeled containers – such as hand soap, syringes of product, etc. I believe that everything must be labeled. Any template that Compliancy Group can provide you can provide would be great!!"

Answer:

Containers of hazardous chemicals must be labeled. 29 CFR 1910.1200(f)(6). A container should be labeled, tagged, or marked with: “Product identifier and words, pictures, symbols, or [a combination of these] which provide at least general information regarding the hazards of the chemicals.

Hand soap: 1910.1200(b)(6)(ix) provides that the hazard communication standard does not apply to: “Any consumer product or hazardous substance, as those terms are defined in the Consumer Product Safety Act (15 U.S.C. 2051 et seq.) and Federal Hazardous Substances Act (15 U.S.C. 1261 et seq.) respectively, where the employer can show that it is used in the workplace for the purpose intended by the chemical manufacturer or importer of the product, and the use results in a duration and frequency of exposure which is not greater than the range of exposures that could reasonably be experienced by consumers when used for the purpose intended.”

You would want to consult a workplace safety consultant or attorney for advice as to whether a hand soap label is required based on how your workplace is using the product, and the duration and frequency of exposure.

Question:
"How Do I Determine Whether a Given Chemical is Hazardous? Are Safety Data Sheets (SDSs) required for non-hazardous chemicals?"

Answer:
As provided in the Hazard Communication Standard (29 CFR 1910.1200), manufacturers and importers are required to determine whether a given chemical is hazardous: “Chemical manufacturers and importers shall evaluate chemicals produced in their workplaces or imported by them to classify the chemicals in accordance with the Hazard Communication standard. For each chemical, the chemical manufacturer or importer shall determine the hazard classes, and, where appropriate, the category of each class that apply to the chemical being classified."

Employers are not required to classify chemicals unless they choose not to rely on the classification performed by the chemical manufacturer or importer for the chemical to satisfy this requirement.

A chemical's hazard class and category are provided in Section 2 (Hazard Identification) of the SDS. Employers may consult the SDS for each chemical that they use to determine the hazard class, if any. If an employer does not have an SDS for a given hazardous chemical, the employer may print out a copy from the manufacturer’s website.

Employers who use one or more hazardous chemicals are required to develop a hazard communication program. See 29 CFR 1910.1200(b)(1) (“Employers [must] provide information to their employees about the hazardous chemicals to which they are exposed, by means of a hazard communication program, labels and other forms of warning, safety data sheets, and information and training.

SDSs are not required for non-hazardous chemicals. The term “hazardous chemical” is given a broad definition by OSHA. Per OSHA regulations, a hazardous chemical is ” one that poses a physical or health hazard, such as flammability, toxicity, or corrosivity.” Put in greater detail, OSHA defines a hazardous chemical as one that poses a health hazard - “a health hazard means a chemical which is classified as posing one of the following hazardous effects: acute toxicity (any route of exposure); skin corrosion or irritation; serious eye damage or eye irritation; respiratory or skin sensitization; germ cell mutagenicity; carcinogenicity; reproductive toxicity; specific target organ toxicity (single or repeated exposure); or aspiration hazard.”

Question:
What Hazard Communication Standard Requirements Apply to Remote Workers?

Answer:
The rule about hazardous chemicals at a work-from-home arrangement is this: The employer is responsible for making the workplace of its employees safe, not the entire home. If the employee will be performing work for the employer that involves exposure to any chemical substance for which an SDS is required, then the SDS must be present at the home worksite. However, an employer need not supply an SDS “if the hazardous chemical is a consumer product that is being used by an employee in the home office for the purpose intended by the manufacturer, and the use results in a duration and frequency of exposure which is not greater than that experienced by consumers.”

2. Safety Standard: Bloodborne Pathogens

Question:
"What are the labeling and container requirements for contaminated syringes?"

Answer:
Placement of syringes in containers is governed by the OSHA bloodborne pathogens standard. 29 CFR 1910.1030(d)(4)(iii), a bloodborne pathogens standard requirement, outlines container requirements for contaminated syringes. The container labeling requirement is at 29 CFR 1910.1030(g)(1)(i).The Guard offers these container labeling guidance documents:

Bloodborne Pathogens Standard policy
Bloodborne Pathogens Training Presentation
Template Bloodborne Pathogens Exposure Control Program

Question:
"Does the Bloodborne Pathogens Standard Apply to Human Waste or Remains"?

Answer:
Under the OSHA Bloodborne Pathogens Standard, urine and feces are not bloodborne pathogens or other potentially infectious materials (OPIM).

OPIM is defined as: "(1) The following human body fluids: semen, vaginal secretions, cerebrospinal fluid, synovial fluid, pleural fluid, pericardial fluid, peritoneal fluid, amniotic fluid, saliva in dental procedures, any body fluid that is visibly contaminated with blood, and all body fluids in situations where it is difficult or impossible to differentiate between body fluids; (2) Any unfixed tissue or organ (other than intact skin) from a human (living or dead); and (3) HIV-containing cell or tissue cultures, organ cultures, and HIV- or HBV-containing culture medium or other solutions; and blood, organs, or other tissues from experimental animals infected with HIV or HBV." The bloodborne pathogens standard fully applies to OPIM.

The bloodborne pathogens standard "container" requirements, specify that bloodborne pathogens and OPIM must be put in leak-proof containers, and must be properly labeled. The bloodborne pathogens standard also describes how to handle contaminated laundry.

The hazard communication standard requires labeling of bloodborne pathogens and OPIM. Since human waste is neither, it isn't covered by the hazard communication standard, and a container into which is put does not need a pictogram (label).

OSHA recommends that, when dealing with human remains, eye and face protection should be used. "To protect your face from splashes of body fluids and fecal material, use a plastic face shield or a combination of eye protection (indirectly vented safety goggles are a good choice if available; safety glasses will only provide limited protection) and a surgical mask.

3. Safety Standard: Personal Protective Equipment

Question:
"An employee burned her eye from the water where the water packs are stored. Do we report this? What materials does The Guard offer to address this situation?"

Answer:
Generally, OSHA does not regulate what water temperature is appropriate (or is not appropriate) for a particular procedure or use.

Use of personal protective equipment - goggles or other appropriate eyewear - is appropriate when someone is working in an environment where there are hazards to eye safety. Compliancy Group's OSHA module covers personal protective equipment, in OSHA policy #9, and the related PPE Training presentation.

All work-related fatalities, hospitalizations, amputations and losses of an eye, must be reported to OSHA.

The OSHA Medical Services and First Aid Standard (29 CFR 1910.151), states:

"In the absence of an infirmary, clinic, or hospital in near proximity to the workplace which is used for the treatment of all injured employees, a person or persons shall be adequately trained to render first aid. Adequate first aid supplies shall be readily available. Where the eyes or body of any person may be exposed to injurious corrosive materials, suitable facilities for quick drenching or flushing of the eyes and body shall be provided within the work area for immediate emergency use."

Here is some information on how to establish a first-aid program.

4. Safety Hazard: Ergonomic Issues

Question:
"An employee hurt their back transitionng a patient. Do you have ergonomics training?"

Answer:
"Patient lifting issues and resultant injuries to workers are not covered by a particular OSHA standard. OSHA does not have a specific standard for ergonomics. Still, OSHA requires employers to provide a workplace “free from recognized hazards that are causing or are likely to cause death or serious physical harm.” OSHA recommends following ergonomic guidelines to be in compliance with this rule. OSHA offers resources or links to resources on ergonomics/safe patient handling. These resources are here, here, and here.

5. Safety Topic: Inspections

Question:
"If an inspector comes into our office, what will they be looking for? Is there documentation we must provide?"

Answer:

Information about OSHA investigations can be found here: https://www.osha.gov/sites/default/files/publications/factsheet-inspections.pdf

Not all OSHA complaints result in an inspection. Please view this OSHA document that describes the circumstances under which a complaint will result in an investigation.

At the beginning of an inspection, an OSHA Compliance Safety and Health Officers will present their credentials to the owner of the business, operator, or agent in charge at the establishment; explain the nature and purpose of the inspection; and indicate generally the scope of the inspection and the records which they wish to review.OSHA has broad power over what records it can review.

OSHA law states that when an inspector enters a facility to conduct an inspection, the inspector may “review records required by the Act and regulations and other records which are directly related to the purpose of the inspection.”

OSHA typically does not give advance notice of an inspection, and inspectors can show up with prior announcement. The best practice for an employer would be to ensure it is maintaining and storing required records, including, for example, bloodborne pathogens exposure control plans, written hazard communication programs, required training records, and other documentation employers are required to maintain.

Clients can review the OSHA policies in The Guard to determine which standards (e.g., respiratory protection, beryllium, etc.) require documentation maintenance and storage.

An OSHA inspector will typically look for documentation that pertains directly to the reason for the visit (for example, if a visit is prompted by a complaint about hazardous chemicals, the inspector will typically look for documentation of hazard communication standard compliance), but also has the right to inspect and review documents pertaining to standards not encompassed by the complaint (in the hazard communication standard example just cited, this could include, for example, evidence of documentation required by the PPE standard, the electrical safety standard, etc.).