Region 3 News Release: 14-1441-PHI (osha 14-070)
Aug. 12, 2014
Contact: Joanna Hawkins Leni Fortson
Phone: 215-861-5101 215-861-5102
Email: hawkins.joanna@dol.gov uddyback-fortson.lenore@dol.gov

OSHA issues notice to McDowell federal prison after workers exposed to
bloodborne pathogens

WELCH, W. Va. – A January 2014 investigation by the U.S. Department of Labor's Occupational Safety and Health Administration revealed that correctional officers and other staff at McDowell medium-security federal prison in Welch were allegedly exposed to bloodborne pathogens and other workplace safety and health hazards. OSHA issued notices to the Federal Correctional Institution at McDowell, a part of the U.S. Department of Justice Federal Bureau of Prisons.

"Federal prison employees are often exposed to blood or other potentially infectious materials. It is imperative that employers take every reasonable precaution to protect these workers against these types of safety and health hazards," said Prentice Cline, director of OSHA's Charleston Area Office.

Ten serious violations were identified, including the agency's failure to:

• Train employees on the bloodborne pathogens policy and limitations of personal protective equipment.
• Ensure the person conducting training was knowledgeable about the subject.
• Use puncture-resistant containers to transport contaminated shanks and other sharps.
• Provide health care professionals, who evaluate an employee following an exposure, a copy of the bloodborne pathogens regulation, the exposed employee's duties, documentation of the route of exposure or its circumstances, and medical records relevant to treatment of the employee.
• Select and require puncture-resistant gloves while conducting pat-down operations.

A serious violation occurs when there is substantial probability that death or serious physical harm could result from a hazard about which the employer knew or should have known.

As required by the Occupational Safety and Health Act of 1970, federal agencies must comply with the same health and safety standards as private sector employers. The federal agency equivalent of a private sector citation is the notice of an unhealthful or unsafe working condition, which informs agency officials of violations. OSHA cannot propose monetary penalties against another federal agency for failure to comply with its standards.

This was the first OSHA inspection of the McDowell facility. The employer has 15 business days from receipt of the notices to comply or request an informal conference with OSHA's area director. The investigation was conducted by OSHA's Charleston office.

Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA's role is to ensure these conditions for America's working men and women by setting and enforcing standards, and providing training, education and assistance. For more information, visit http://www.osha.gov.

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