(A-5) OSHA Compliance: (18) Since the anthrax hazard is an emergency/unexpected hazard, will OSHA waive the requirements for medical evaluations (medical questionnaire and examinations) for employees required to wear respiratory protection and employees who voluntarily use such protection? In worksites where respiratory protection is required to be worn, a respiratory protection program that complies with the provisions of OSHA's Respiratory Protection Standard,?29 CFR 1910.134, must be implemented, including medical examinations as indicated. Medical evaluations are not required for employees who are wearing filtering facepiece respirators on a voluntary basis.?(19) Does?29 CFR 1910.120?(HAZWOPER) apply to initial responders for anthrax releases? Yes. The release of anthrax spores into a workplace as an act of terrorism is an emergency situation. Compliance with Hazardous Waste Operations and Emergency Response,?29 CFR 1910.120, is required for emergency response personnel responding to a possible anthrax release. (See response to?Question #7, above.)?(20) Does OSHA have a protocol for testing for anthrax? No. OSHA does not analyze samples for the presence of anthrax spores. A list of qualified laboratories and laboratory procedures can be found on OSHA's webpage. (21) If I require my employees to wear respirators for potential anthrax exposure, what must I do to ensure that I am in compliance with OSHA's Respiratory Protection standard? Required use of respirators triggers the requirements under?29 CFR 1910.134, OSHA's Respiratory Protection standard. Guidance on complying with OSHA's standard may be found in?Inspection Procedures for the Respiratory Protection Standard, CPL 02-00-120 [CPL 2-0.120]. (A-6) OSHA Formal/Informal Complaints: (22) How will OSHA offices handle the cases involving the hospitalization of three or more employees (catastrophe) due to anthrax or other biohazard exposure? OSHA offices will handle a catastrophe or fatality caused by exposure to anthrax spores or other biohazards like any other fatality or catastrophe. OSHA requires an employer to report the incident to OSHA within eight hours of an employee's death or the hospitalization of three or more employees. (23) How will OSHA offices handle safety and health complaints from USPS workers and other workers who handle mail regarding:?A. Provision or lack of provision of PPE or vaccinations/titers? B. Cleaning mail equipment with compressed air? C. Possible, but unproven, exposure to anthrax? To date, OSHA has handled safety and health complaints received from the USPS through established phone and fax procedures. Complaints received from other employees working in mail handling operations will be conducted in a similar fashion. The callers should also be made aware of the information on workplace anthrax exposures, which is available on and through OSHA's website.?(23.1) See response to?Question #1?and?Question #2?regarding the provision of gloves and respiratory protection. With regard to the provision of vaccinations or titers for anthrax exposure, vaccinations are neither required nor routinely recommended for mail handlers. (23.2) The USPS no longer sanctions the use of compressed air to clean equipment; all equipment is cleaned using HEPA-filtered vacuums. (See response to Question #9, above). (23.3) When an Area Office or OSHA Consultation Office receives an employer request for OSHA to "sample for possible workplace exposure to anthrax," the employer should first be queried about the steps he or she has taken to ascertain whether there is a credible threat of exposure to anthrax. OSHA will then explain that it does not conduct analyses for anthrax samples, and employers should be encouraged to contact outside private firms in order to determine whether there is anthrax contamination in the workplace. (24) How will OSHA handle safety and health complaints alleging exposure to anthrax? Any complaint alleging a workplace hazard requires basic inquiry to determine whether any evidence of a hazard exists. If a complainant alleges an immediate exposure to anthrax, the employer or employer's representative must notify the proper emergency response personnel. If the complainant is concerned about PPE or exposure to anthrax spores, but no immediate exposure has been alleged, the complaint will be handled as an informal complaint.?(25) Does OSHA require licensed professionals to monitor the workplace for anthrax? No. OSHA does not require monitoring; thus OSHA does not have licensing requirements for professionals who monitor for anthrax. (A-7) Recordkeeping: (26) If an employee dies or is injured or infected as a result of terrorist attacks, should it be recorded on the OSHA Injury and Illness Log? Should it be reported to OSHA? Yes, injuries and illnesses that result from a terrorist event or exposure in the work environment are considered work-related for OSHA recordkeeping purposes. OSHA does not provide an exclusion for violence-related injury and illness cases, including injuries and illnesses resulting from terrorist attacks.?Within eight (8) hours after the death of any employee from a work-related incident or the in-patient hospitalization of three or more employees as a result of a work-related incident, an employer must orally report the fatality/multiple hospitalization by telephone or in person to the OSHA Area that is nearest to the site of the incident. An employer may also use the OSHA toll-free central telephone number, 1-800-321-OSHA (1-800-321-6742).?(27) An employee is provided antibiotics for anthrax, although the employee does not test positive for exposure/infection. Is this a recordable event on the OSHA log? No. A case must involve a death, injury, or illness to be recordable. A case involving an employee who does not test positive for exposure/infection would not be recordable because the employee is not injured or ill.?(28) An employee tests positive for anthrax exposure/infection and is provided antibiotics. Is this a recordable event on the OSHA log? Yes. Under the most recent Recordkeeping requirements, which will be effective in January 2002, a work-related anthrax exposure/infection coupled with administration of antibiotics or other medical treatment must be recorded on the log. Until the new Recordkeeping requirements become effective, an employer is required to record a work-related illness, regardless of whether medical care is provided in connection with the illness. (A-8) Discrimination/Whistleblower Provisions: (29) Do Occupational Safety and Health (OSH) Act Whistleblower provisions apply to employees who believe that they are being discriminated against because of their beliefs, fears, or occupational risks? Whistleblower provisions?protect employees against employer retaliation for having exercised certain "rights" detailed in the?OSH Act?and its implementing regulations (29 CFR 1977). Among those rights are the right to file a formal complaint regarding safety and health conditions with OSHA; notify or complain to management about unsafe or unhealthful working conditions; and, in limited circumstances, refuse to perform a task that exposes the employee to a real danger of death or serious physical harm (See?Question #30, below, for more information regarding work refusals). Employers or other persons are prohibited from discharging or taking other adverse personnel actions against an employee in retaliation for the employee's involvement in a protected activity. Employees who feel they have been discriminated against in violation of?Section 11(c)?may file a complaint with the local OSHA Area Office.?(30) Can I refuse to go to work in a facility where anthrax is known to be present and will I be covered under?Section 11(c)?of the Occupational Safety and Health Act (OSH Act)? The regulations and court decisions interpreting the OSH Act provide that employees do not have an absolute right to "walk off the job" because of potential unsafe working conditions. However, occasions might arise when an employee is confronted with a choice between refusing to perform an assigned task and subjecting him or herself to serious injury or death arising from a hazardous condition at the work place. If the employee chooses to not perform the assigned task, the situation must meet four specific criteria in order to qualify for protection under?Section 11(c)?of the OSHA Act:?(30.1) The condition must be such that a reasonable person would conclude that there is a real danger of death or serious physical harm, (30.2) There is no reasonable alternative way of performing the work, (30.3) The employee must have sought and been unable to obtain correction of the hazard from the employer, and (30.4) There is insufficient time to eliminate the danger through resort to regular statutory enforcement channels (e.g., calling OSHA). Additional information is available on?OSHA's Worker's Page. See more from topic source: https://www.osha.gov/html/a-z-index.html