December 8, 2011

Ms. Deborah A. Cmielewski, Esq.
Schenck, Price, Smith & King, LLP
220 Park Avenue
PO Box 991
Florham Park, NJ 07932-0991

Dear Ms. Cmielewski:

Thank you for your August 10, 2011, letter to the Occupational Safety and Health Administration (OSHA).  Your letter was referred to the Directorate of Enforcement Programs (DEP) for a response.  You requested an interpretation of OSHA's Bloodborne Pathogens standard, 29 CFR 1910.1030, regarding consent and disclosure of source individual test results.  This letter constitutes OSHA's interpretation only of the requirements discussed and may not be applicable to issues not delineated within your original correspondence.  Your paraphrased question and our response are below:

Question:  In situations where consent must be obtained from the source individual prior to testing as specified in §1910.1030(f)(3)(ii)(A), is there an OSHA requirement to obtain an additional consent for the release of his/her test results?

Response: No.  As required by 29 CFR 1910.1030(f)(3)(ii)(A), the source individual's blood must be tested and the results documented as soon as feasible and after consent is obtained in order to determine hepatitis B virus (HBV) and human immunodeficiency virus (HIV) infectivity.

The results of the source individual's testing are to be provided to the employer's healthcare professional evaluating the employee after an exposure incident [1910.1030(f)(4)(ii)(D)].  In addition, the results of the testing must be made available to the exposed employee [1910.1030(f)(3)(ii)(C)].  The consent to test obtained from the source individual implies consent for the release of test results, so no additional consent would be required.

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 continue to consult OSHA's Web site at 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

cc:  Parsippany NJ Area Office
New York Regional Office