To: All EMS Employees/Educators/Leaders
Re: Employee Rights and Responsibilities &
Employer Responsibilities and Duties
Dear EMS Employee/Educator/Leader:
The following materials are intended as an initial review of employee rights and responsibilities and employer responsibilities and duties with respect to achieving safe and healthful working conditions. Areas for consideration will include containment of bloodborne pathogens and other potentially infectious materials (OPIM) , carcinogenic substance cross contamination associated with Hazmat situations, cumulative stress and critical incident stress management, employee training timelines, equipment upgrade and protocol revision timelines, as well as which employees are covered by these regulations and under what circumstances. The following outline should provide you with a reasonable overview of the federal statutes determining your responsibilitiy concerning these issues.
Page One
Informational Packet Outline
Page Two
State-of-the-Art Patient Transportation Engineering Control
(See Home Page)
Page Three
A. Employee Rights and Responsibilities
Employer Responsibilities & Duties
B. * Imminent Danger *
1. Recognition
2. Avoidance
3. Corrective Action Timeline
C. Exposure Control Plan
1. Purpose
2. Update Revision Criteria
3. Periodic Review Timeline
D. First Aid Supplies
1. Adequacy
2. Approval Responsibility
3. Relationship to Potential Work-Related Hazards
4. Accessible Appropriate Prompt Transportation
Page Four
E. First Aid Course Requirements
1. Review and Update Requirements
2. Coverage Areas
3. Employee Education
F. General Operating Positions -- Related Excerpts Concerning Statute Applicability
G. Penalties
Employee and Employer Federal Regulations
OSHA ACT of 1970 Excerpts
Section 2 Congressional Findings and Purpose
(b)(2) by providing that employers and employees have separate but dependent responsibilities and rights
with respect to achieving safe and healthful working conditions;
Section 5 Duties (a)(1) ... a place of employment that is free from recognized hazards that are
causing or likely to cause death or serious physical harm...
Section 13 * * Procedures to Counteract Imminent Dangers * * (a) ... restrain any conditions or practices in any place of employment which are such that a danger exists which could reasonably be expected to cause death or serious physical harm .... may require such steps be taken as may be necessary to
avoid, correct, or remove such Imminent Danger and prohibit the employment or presence of any individual
in locations or under conditions where such Imminent Danger exists, ...
29 CFR 1910.1930 Sub Z
(b)1 Reasonably anticipated
(b)2 Engineering Control- Controls that isolate or remove the bloodborne pathogens hazard from the work place.
(b)3 Work Place Controls- controls that reduce the likelihood of exposure by
altering the manner in which a task is performed.
(c)(1)(iv) The Exposure Control Plan shall be reviewed and updated at least annually and whenever necessary to reflect new or modified tasks and procedures which effect occupational exposure
and revised employee positions with occupational exposure.
(d)2 All procedures involving blood or other potentially infectious materials shall be performed in such a manner as to minimize splashing, spraying, spattering and generation of droplets.
29 CFR 1910.1930 Sub Z Interpretations
12/20/96 Exposure Control Plan requires under 1910.1930(c) ...a discussion of administrative and engineering controls used to minimize employee exposure...
10/05/98 ...eliminate or minimize employee exposure through reasonable and feasible
engineering and work practice controls.
02/04/98 ...evaluate existing controls and to review the feasibility of instituting
more advanced engineering controls
02/04/98 Approval and Selection of medical devices to minimize employee exposure. ... The standard provides the necessary flexibility for the employer to choose the most suitable products to fit the needs of their facility. OSHA requires that employers examine and maintain or replace on a regular schedule, engineering controls to ensure their effectiveness. ... The real test of compliance with OSHA standards comes about by observation in the workplace. ...
29 CFR 1910.151 Sub K & Interpretations + 1926.50
First Aid Supplies & Equipment
(b) Adequate first aid supplies shall be readily available
07/02/91 First aid supplies approved by the consulting physician shall be readily available
07/24/95 ...first aid program must correspond to the hazard which can be reasonably expected to occur.
...evaluate the potential work-related hazards and provide for first aid accordingly.
29 CFR 1926.50
Appendix A First Aid Kits ( Non-Mandatory) ...employers who have unique or changing first-aid needs in their work place, may need to enhance their first-aid kits. ... Employers should assess the specific needs of their work place periodically augment the first aid kit appropriately.
1926.50 (b)
Provisions shall be made prior to commencement of the project for prompt medical attention in case of serious injury. (d)(1) First aid supplies shall be easily accessible when required
(e) Proper equipment for prompt transportation of the injured person...
1926.50 01/14/76
The phrase "reasonably accessible" emphasizes the desirability of prompt assistance when an injury or illness occurs.
First Aid Course Requirement Excerpts
N. Program Update
* * * The training program must be periodically reviewed with current first aid techniques and knowledge incorporated, and OUT DATED information and procedures deleted. Such a review and revision mechanism must be part of any first aid training program. * * *
IV. Specific Components. ...should include instruction in the principles of first aid intervention in;
D-1 shock due to injury.. E. Bleeding.. F. Burns.. major burn assessment and first aid intervention
K. Temperature Extremes Hypothermia
29 CFR 1910.1930 Z 08/31/97 Section (g)(2)(v)
... additional training shall be provided when changes such as modifications of tasks or procedures effects the employee’s occupational exposure. ...
The more important function of annual training is to inform employees about new and emerging health care worker issues and what policies the employer has in place to address them.
A Short Compendium of General Operating Positions
29 CFR 1926.10
(d)(2) ...On the other hand, any standard shall apply according to its terms to any employment and place of employment in any industry, even though particular standards are also prescribed for the industry to the intent that none of such particular standards applies.
1910.1930 Z
...Either standard may apply depending on the nature of the work being performed by your employees rather than the type of business or SIC code...
1926.20 (d)(1)
If a particular standard is specifically applicable...it shall prevail over any different general standard which otherwise might be applicable (d)(2)...any standard shall apply according to its terms to any employment and place of employment in any industry, even though particular standards are also prescribed for the industry to the extent that none of such particular standards apply.
1910.1930 Z 03/23/93
Construction Industry General Duty Clause and bloodborne pathogen standard...Section 5 (a)(1) ...will not be used to cite for violations of the bloodborne pathogens rule,
but for failure to provide a workplace free from
bloodborne pathogen hazards.
Section 17 Penalties
(a) Each willful or repeated violation $70,000 max. $5,000 min. for each violation
(b) Citation for serious violation (c) Citation for non-serious violation ... $7,000 max. for each violation
(d) Employer fails to correct situation in time... $7,000 per day max.
(e) Willful violation causing death...$10,000 max.+ Six months max. Second violation 20,000 + 1yr. max.
(f) Giving advanced notice of any inspection $1,000 + six months max.
(g) Making false statements $10,000 + six months max.
(h) Serious violation-...if there is a substantial probability that death or serious physical harm could result from a condition which exists...