Ask the expert: Employer says no to providing free hepatitis B vaccinations

By: David LaHoda August 29th, 2011

Q: Are the owners of an assisted living facility required to offer the hepatitis B vaccination free of charge? They claim they are not required by law to offer the vaccine for free, only to direct employees where to go to get the vaccine.

A: OSHA doesn’t determine what standards apply by business type but by the hazards present in the workplace.

Employers with employees having the potential for occupational exposure to bloodborne pathogens, must make the hepatitis B (HBV) vaccination available at no cost to the employee, according to section (f)(1)(ii)(B) of the OSHA Bloodborne Pathogens Standard.

OSHA defines occupational exposure as “reasonably anticipated skin, eye, mucous membrane, or parenteral contact with blood or other potentially infectious materials that may result from the performance of an employee’s duties.”

If you work duties meet OSHA the occupational exposure definition, then your employer must provide the HBV vaccination free.

The OSHA Bloodborne Pathogens Standard is federal law, and also requires that the HBV vaccination be:

Made available after the training required and within 10 working days of their initial assignment.
Made available to the employee at a reasonable time and place;
Performed by or under the supervision of a licensed physician or by or under the supervision of another licensed healthcare professional; and
Provided according to recommendations of the U.S. Public Health Service

Failure to be in compliance could result in a serious fine for the employer.

Exceptions to the rules outlined above are state and local government workers who are excluded from Federal coverage under the Occupational Safety and Health Act of 1970. However, states operating their own state workplace safety and health programs under plans approved by the U.S. Department of Labor cover most private sector workers and are also required to extend their coverage to public sector (state and local government) workers in the state.

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Comments(3) Ask the Expert—Bloodborne Pathogens, Featured

Comments

By Stephanie on August 31st, 2011 at 1:44 pm

Who is responcible for BBP training and Hep B vaccinations for contracted cleaning crews in our medical clinics? The contractor pleads ignorance even after I sent him the regulations.

By David LaHoda on August 31st, 2011 at 2:38 pm

OSHA makes it clear in a letter of interpretation that the originating employer is responsible for basic Bloodborne Pathogens training and postexposure evaluation, and management, and the host employee is responsible for training concerning site-specific hazards and procedures. For an explanation see “Ask the expert: Needlesticks and contract employees.”

OSHA also says that you can make proof of basic training and compliance with the standard an item subject to performance in the contract.

In fact, I advise safety officers of facilities where contract workers are potentially exposed to bloodborne pathogens to require in writing proof of training.

By Kristin on September 9th, 2011 at 11:21 pm

I am a pharmacist. My employer as of this year requires me to now give immunizations as a part of my job. I received the BBP training through a company video but was never formally offered the Hepatitis B vaccine. I told my employer I wanted it this week after several weeks of giving patients shots. They told me to go to my dr and pay for it and they would reimburse me. This seems to go against the OSHA standards but I wanted to get your opinion. Thank You.