September 22, 2010

Mr. Peter Error
1106 Courtland Road
Weirton, WV 26062

Dear Mr. Error:

Thank you for your June 1, 2010, letter to the Occupational Safety and Health Administration (OSHA).  You specifically requested a clarification of OSHA's Bloodborne Pathogens Standard 29 CFR 1910.1030 as it relates to employees' training. This letter constitutes OSHA's interpretation only of the requirements herein, and may not be applicable to any question not delineated within your original correspondence.  Your paraphrased scenario and questions are presented below, followed by our response.

Scenario:  I am a paramedic and my employer is requiring me to complete the annual Bloodborne Pathogens training.  My employer only scheduled two training classes and mandated that all employees attend a scheduled class.  Employees who were on their scheduled day off were required to return to work to attend the training.  All employees were paid for the time spent being trained.

Question 1:  Does the employer have to conduct the training on regular scheduled shifts?

Reply:  An employer whose employees have occupational exposure to blood or other potentially infectious materials (OPIM) must provide training at the time of initial assignment [§1910.1030(g)(2)(ii)(A)] and at least annually thereafter [§1910.1030(g)(2)(ii)(C)(B)].  The standard at 29 CFR 1910.1030(g)(2)(i) requires that such training "...be provided at no cost to the employee and during  working hours." [Emphasis added] OSHA has interpreted the term "working hours" in this provision as "company time."  CPL 02-02-069, Enforcement Procedures for the Occupational Exposure to Bloodborne Pathogens, XIII G, par. 4 (November 27, 2001).  Thus, since your employer required employees to attend the training and paid for the time spent taking it, the training was conducted during "company time," i.e., "working hours," within the meaning of the standard.

Thank you for your interest in occupational safety and health.  We hope you find this information helpful.  OSHA requirements are set by statute, standards, and regulations.  Our interpretation letters explain these requirements and how they apply to particular circumstances, but they cannot create additional employer obligations.  This letter constitutes OSHA's interpretation of the requirements discussed.  Note that our enforcement guidance may be affected by changes to OSHA rules.  Also, from time to time we update our guidance in response to new information.

To keep apprised of such developments, you can consult OSHA's website at http://www.osha.gov.  If you have any further questions, please feel free to contact the Office of Health Enforcement at (202) 693-2190.

Sincerely,

Thomas Galassi, Director
Directorate of Enforcement Programs