Eagle Associates, Inc.
compliance services since 1988
Hepatitis B Vaccination Declination and Liability
While the Bloodborne Pathogens Standard requires an employer to offer the hepatitis B vaccination to all employees with occupational exposure, it also allows an employee to decline the vaccination. In the event that an employee declines the vaccination, the Standard requires that he/she sign a declination statement. The following text from OSHA’s Enforcement Guidelines for the Occupational Exposure to Bloodborne Pathogens, CPL 2-2.69) explains how the declination process works:
Paragraph (f)(2)(iv) - Employers must ensure that employees who decline the vaccine sign a declination form. The language in the declination form is set forth in 29 CFR 1910.1030, Appendix A. An employer's form which conveys the same information as Appendix A, although in different words, should be considered a de minimis violation. However, any additions to that language should be made for the sole purpose of improving employee comprehension. Forms must not add language that would discourage employee acceptance of the vaccine or add liability concerns.
Note that OSHA’s enforcement guidelines recognize that an employer might use different language to say what the declination statement does. If you choose to do so, it can still result in a de minimis or minor violation. You best choice of action is to use the exact language as found in the Standard.
Liability – Since the declination statement acknowledges the employee continues to be at risk, can an employer add language that allows the employee to accept that risk since they declined the vaccination? The answer is no, because adding such language would add liability concerns for the employee and OSHA’s stand is that adding liability concerns is not allowed. The bottom line is that a practice may have a hidden liability with employees who have signed a declination statement. This is why it is a good recommended practice to review the vaccination with employees and try to have them accept the vaccination.
Read the complete article in the June 2008 issue of the Advisor.
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