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FAQ - Regulatory Processes - 2016
FAQ - Regulatory Processes - 2016

 

 

What are the requirements for post exposure blood testing for source patients? Is it required by law in some states and if so do you know which states?


As a matter of policy, Ask OSAP does not provide legal advice. Requirements may vary by state. Ask OSAP is not in the position to know the requirements in each individual state. It is recommended that you consult with your attorney on this matter for further information.

You may also wish to consult with your area OSHA office. Please note that there may be varying requirements in those states with State OSHA Programs. It is recommended that you contact OSHA in your state to find out about requirements. Further information about State OSHA Programs can be accessed at https://www.osha.gov/dcsp/osp/index.html .

Ask OSAP can provide some general information on this topic.

An OSHA bloodborne pathogens exposure fact sheet states the following:

Reporting is also important because part of the follow-up includes identifying the source individual, unless the employer can establish that identification is infeasible or prohibited by state or local law, and determining the source’s HBV and HIV infectivity status. If the status of the source individual is not already known, the employer is required to test the source’s blood as soon as feasible, provided the source individual consents. If the individual does not consent, the employer must establish that legally required consent cannot be obtained. If state or local law allows testing without the source individual’s consent, the employer must test the individual’s blood, if it is available. The results of these tests must be made available to the exposed worker and the worker must be informed of the laws and regulations about disclosing the source’s identity and infectious status. 2

Resources

1)     US Department of Labor – Occupational Safety & Health Administration. Frequently Asked Questions about State Occupational Safety and Health Plans. https://www.osha.gov/dcsp/osp/index.html    Accessed on December 21, 2016. 

2)     US Department of Labor – Occupational Safety and Health Administration. OSHA Fact Sheet – Bloodborne Pathogen Exposure Incidents. https://www.osha.gov/OshDoc/data_BloodborneFacts/bbfact04.pdf   Accessed on December 21, 2016.

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