Labor & Employment Law

Paid time-off and travel expense reimbursement required in satisying Bloodborne Pathogens Standard testing

Paid time-off and travel expense reimbursement required in satisying Bloodborne Pathogens Standard testing

Sec'y of Labor v. Beverly Healthcare-Hillview, USCA, 3rd Circuit, Docket No. 06-4810

Source: Findlaw; http://newsletters.findlaw.com/nl/sub/review-account.jsp

In 1991, the Secretary promulgated the Bloodborne Pathogens Standard (?BPS?), 29 C.F.R. § 1910.1030, pursuant to a specific Congressional directive aimed at combating ?occupational exposures to the hepatitis B virus, the human immunodeficiency virus and other bloodborne pathogens.?

In a case challenging the issuance of citations by OSHA to respondent-healthcare provider for failure to reimburse its employees for travel expenses and non-work time spent receiving treatment pursuant to the Bloodborne Pathogens Standard (BPS), secretary's petition for review is granted and Occupational Safety and Health Review Commission order reversing the citations vacated where: 1) the relevant language of the BPS was ambiguous, but the agency's interpretation of the provision was reasonable and consistent with the language and purpose of the regulation; and 2) respondent had sufficient notice of the agency's interpretation to satisfy due process.

Full post as published by New York Public Personnel Law on September 12, 2008 (boomark / email).