EXECUTIVE SUMMARY

OCCUPATIONAL SAFETY AND HEALTH
APPEALS BOARD

Summary of Behavioral Health Services - decision after reconsideration

A serious violation of section 5193(f)(3)(B)(1) [blood borne pathogens] was alleged for failure to test the source individual’s blood for HBV, HCV and HIV following a needle stick to Employer’s employee. There was no causal connection between the failure to test and a substantial probability of death or serious physical harm to the exposed employee as a result of such failure to test. The classification of the violation was reduced to general with a civil penalty of $450.

Behavioral Health Services, 01-3997 version

April 14, 2006