^procopio' - calpers · 2/19/2016 · 3. during nearly all stages of the raw sewage treatment...

r\ ^Procopio'Procopio. Cory, Hargreaves & Savilch LLP

5256Slreel, Suite 2200San Oiego, OA 92101

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EXHIBITV

February 19,2016 || /

VIA OVERNIGHT DELIVERY

Renee Oslrander

CalPERS Employer Accounl Management DivisionP.O. Box 942709

Sacramento, CA 94229-2709

Re: Encina Wastewater Authority's Appeal of CalPERS January 22,2016 Determination

Dear Ms. Ostrander:

Encina Wastewater Authority ("EWA") hereby appeals CalPERS January 22, 2016 determinationthat EWA failed to report employee uniforms as compensation. EWA provides uniforms solely to thoseemployees who require them to protect their health and safety while operating EWA's wastewater treatmentand water recycling facilities, exposing them to unique risks. Because they are provided solely for personal

.health and safety and only to employees at risk, these uniforms do not constitute reportable specialcompensation under California Code of Regulations, Title 2, section 571(a)(5).

STATEMENT OF FACTS

EWA is a wastewater treatment and water recycling facility that collects, treats, and disposes ofv/aslewater. in the course of their duties, EWA employees in the Operations, Maintenance, Source Controland Lab departments regularly work with and around raw sewage, bulk chemicals and partially treatedwastewater. (See Exhibit A, Dec), of D. Biggs, 3-4.) These employees clean and mainlain equipmentthat contains raw sewage and wastewater and risk being sprayed and splashed with sewage andwastewater as a result of equipment failure and during sampling and testing. (See Exhibit A, Dec!, of D.Biggs, 3.) As a result of their job duties, EWA employees are specifically at risk of exposure to bacteriaand bloodt^me pathogens including Hepatitis B Virus, Hepatitis C Virus and HIV. (See Exhibit A, Dec!, ofD. Biggs, ̂ 4.) Employees in the Operations and Maintenance department also risk exposure to corrosiveand caustic chemicals, including ferric chloride and sodium hypochloride. (/b/d.) Employees in the SourceControl and Lab departments risk exposure to acids, caustics, and solvents used for wastewater samplepreservation and analysis (Ibid.)

Due to the risks attendant to their job duties, employees in the Operations, Maintenance, SourceControl and Lab departments are required to wear uniforms to protect the heatlh and safety of those

San Diego • Del Mar Heights * Silicon Valley • Phoenix > AustinDOCS 114U6^X)0003/2475455.2

Attachment F Joint Exhibit 4 of 20

#Procopio'

ReneeOstrander

February 19,2016

employees, their families and other EWA staff. (See Exhibit B, Decl. of D. Allen, II3.) The approximately15 employees who comprise the Administrative Department are not required to wear protective uniforms asthe nature of their v/ork does not place them at risk for exposure to harmful chemicals or untreatedwastewater. (ibid.)

Due to the strong risk of contamination, under no circumstances are employees allowed to (1) weartheir uniforms home or offsite, (2) wear their uniforms around certain parts of the EWA premises,(3) launder or maintain their own uniforms, or (4) wear personal clothing while performing work in lieu ofwearing an EWA uniform. (See Exhibit A, Dec), of D. Biggs, fl 5; Exhibit 8, Decl. of D. Allen, H 4; Exhibit C,Bloodbome Pathogens Exposure Control Plan, § 6.) Soiled employee uniforms are left onsite and EWA hasthem laundered by a commercial service. (Exhibit B, Decl. of D. Allen, ̂ 4.) EWA's Human ResourcesPolicy Manual has been updated to reflect these long-time practices. The Manual provides:

9.20 Dress and Grooming Standards

When at work, employees are expected to utilize good judgment in determining their dressand appearance. Clothing and appearance should be neat, clean, in good business taste,not constitute a safety hazard, and be appropriate for the work environment and functionsperformed. Attire with bare backs or midriffs, or any other revealing or extreme attire, is notappropriate.

Certain positions within EWA require a uniform to be worn during working hours in order to. protect personal health and safety. Employees whose position requires a uniform cannot .perform their job duties without wearing the required uniform. Uniforms should always beneat and clean. Uniforms are furnished by EWA and employees may not remove uniformsfrom the premises or v/ear them to or from work unless specifically authorized.

(See Exhibit B, Decl. of D. Allen, fj 5.)

LEGAL STANDARD

Government Code section 20636(a) defines compensation eamable as the "payrate and specialcompensation" of an employee. Agencies are required to report the value of such sp^ial compensation.(Cat. Code Regs., tit. 2, § 571(a).) A "uniform allowance' is statutory item of special compensation if it is a"ready substitute for personal attire the employee would otherwise have to acquire and maintain." (Cat.Code Regs., tit. 2, § 571(a)(5) ("Section 571(a)(5)").) Section 571(a)(5) specifically excludes from thedefinition of "uniform allowance' - and excludes as reportable special compensation - items 'that are solelyfor personal health and safety such as protective vests, pistols, bullets, and safety shoes."

OOCS11466S-0Q0C03/24754S5 2

Attachment F Joint Exhibit 4 Page 2 of 20

®Procopio"

Renee Ostrander

February 19,2016Pages

EMPLOYEE UNIFORMS DO NOT CONSTITUTE REPORTABLE SPECIAL COMPENSATION

EWA's employee uniforms do not constitute special compensation under Section 571(a)(5)because they are not "a ready substitute for personal attire" and because they are provided "solely forpersonal health and safety", as discussed in greater detail below.

EWA's employee uniforms are not "a ready substitute for personal attire." It is indisputable thatpants and shirts containing traces of raw sewage, bloodbome pathogens and caustic chemicals cannot beworn home or to the grocery store. Not only would such a practice be repulsive, it would also violate theiav/s governing workplace safety. The minimum standards for the control of hazardous substances setforth in California Code of Regulations, title 8, section 5193, require that "contaminated laundry" (defined as"laundry which has been soiled with blood or other potentially infectious materials") be bagged on site. TheOccupationai Safety & Health Administration ("OSHA") Standard No. 1910.1030(d)(4)(iv)(A)(1), similarlyrequires that contaminated iaundry be bagged on site. Consistent with these safety regulations, EWA'sov/n policies require that employee uniforms are left on site and are not wom to or from work. Given thatEWA's uniforms cannot be wom by its employees anywhere but work, these uniforms cannot constitute asubstitute for clothing the employee would otherwise wear.

EWA's uniforms also fall squarely within the uniform allowance exclusion provided in Section571(a)(5) because EWA provides the uniforms solely for personal health and safety. EWA providesuniforms to certain employees in order to prevent potentially infectious and harmful substances - that thoseemployees are exposed to as a part of their job duties - from coming into contact with skin and fromleaving EWA's facilities. EWA does not provide uniforms for any other purpose. EWA does not provideuniforms to employees whose job duties do not pose a risk to health and safety.

CalPERS' interpretation relies on speculation about the possible, incidental and unintendedfunctions of employee uniforms, rather than their actual or intended use. Under this interpretation no itemof clothing could ever meet the health and safety exclusion, because all clothing incidentally acts aspersonal attire, and therefore is no! solely for personal health and safety. However, "safety shoes" arespecifically exempt under Section 571(a)(5), even though they could, as a practical matter, be wom homeor in public. Thus CalPERS unduly narrow Interpretation would lead to absurd results that are inconsistentwith the regulations themselves.

In inleipreting Section 571(a)(5)'s health and safety exception, it is appropriate to look to OSHA'sdefinition of Personal Protective Equipment ("PPE") for guidance. PPE is defined as "specialized clothingor equipment wom by an employee for protection against a hazard. General work clothes (e.g., uniforms,pants, shirts or blouses) not Intended to function as protection against a hazard are not considered tobe personal protective equipment." (29 CFR § 1910.1030(b), emphasis added.) Thus, OSHA looks to theintended function of the clothing, not its possible, unintended uses, to determine whether it constitutes PPE.EWA's employee uniforms are intended to function as protection against potentially infectious and harmfulsubstances and constitute PPE under OSHA's definition. They should likewise constitute exempt healthand safety items under Section 571(a)(5).

DOGS 11468640C«03/24754S5.2


iSProcopio'

ReneeOstrander

February 19,2016

For the reasons stated above, EWA's uniforms do not constitute reportable special compensationand CalPERS January 22,2016 determination should be reversed. Thank you for your consideration, andplease direct ail further communication regarding this matter to the undersigned, as counsel for EWA.

Very truly yours,

FracleE Slender

TST

Attachments

cc: Debbie Alien, EWA

DOGS 114666-000003/247545S.2

Attachment F Joint Exhibit 4 Page 4 of 20

DECLARATION OF DEBRA BIGGS

I, Debra Biggs declare as follows:

1. T have personal knowledge of the facts set forth in this declaration and, if swoni as

a witness, could and would testify competently thereto. I submit this declaration in support of

Encina Wastewoter Authority's ("EWA") appeal of CalPERS January 22, 2016 determination

concerning employee uniforms.

2. I have worked for EWA for approximately 16 years and am currently employed

as EWA's Director of Operations. In my current position I am primarily responsible for

oversight of plant operations and have great familiarity with EWA's health and safety procedures

and uniform requirements.

3. During nearly all stages of the raw sewage treatment process, employees face

exposure to bacteria, pathogens, and caustic and corrosive chemicals. At the "headworks"

portion of the treatment process, employees must clean bar screens containing raw sewage.

Employees then continue to work with and around ra\y sewage as it is separated and treated.

Additionally, employees are required to sample and measure wastewater and solid waste

throughout the treatment process, clean and rotate tanks containing residual solids and sewage,

clear and maintain piunps and meters thot sit in raw sewage, and clean equipment that receives

grease trap waste containing refuse that has gone .septic and contains bacteria and pathogens.

During the treatment process, employees are also at risk of being sprayed with raw sewage from

tube breakage and being splashed with sewage and wastewater during sampling.

4. As a result of their job duties described above, EWA employees are qjecifically at

risk of exposure to bacteria and bloodbome pathogens including Hepatitis B Vims, Hepatitis C

Virus and Human immunodeficiency Vims (HIV). Employees in the OperaUons and

Maintenance department also risk exposure to corrosive and caustic chemicals, including ferric

chloride and sodium hypochloride. Employees in the Source Control and Lab departments risk

exposure to acids, caustics, and solvents used for wastewater sample preservation and analysis.

5. Employee protective uniforms are an essential component of health and safety


due to the risk of disease and injuty attendant to their job duties. Unlfoims also constitute

Persona) Protective Equipment required by Occupational Health and Safety Administration

Regulations contained in California Code of Regulations, Title 8, Section 5193, and EWA*s

Bloodbome Pathogens Exposure Control Plan. EWA therefore requires employees to wear

protective uniforms while performing their job functions. Employees put on uniforms when they

arrive and leave uniforms on site to be laundered. Because the uniforms likely contain traces of

raw sewage, bacteria, pathogens, and/or chemicals, employees are not permitted to take uniforms

home.

6. EWA also takes other measures to protect the health and safety of its employees

as a result of the significant risk posed by treating raw sewage. Specifically, all employees in the

Operations and Maintenance departments arc also required to shower before leaving the facility

as a result of their e.xposure to wastewaler. Showers, eye washing stations, and hand sanitizers

are made available tluou^out EWA's facilities due to risk of exposure throughout the treatment

process. Finally, EWA requires employees to eat in designated areas in an effort to prevent

contamination and reduce the risk of exposure to bacteria, pathogens, and chemicals.

1 declare under penalty of perjury under the laws of the State of California that the

foregoing is true and conect

Executed this B.th day of February, 2016, in California.

Debra Biggs

-2-DOCS i 1468fi-000003/247$986 3


DECLARATION OF DEBBIE ALLEN

I, Debbie Alien, declare as follows:

1. I have personal knowledge of the facts set forth in this declaration and, if sworn as

a witness, could and would testily competently thereto. I submit this declaration in support of

Encina Wastewatcr Authority's ("EWA") appeal of CalPERS January 22, 2016 determination

concerning employee uniforms.

2. I have worked for EWA for approximately three years and am currently employed

as EWA's Human Resources Manager. In my current position 1 am primarily responsible for

oversight of personnel and have great familiarity with EWA's personnel policies and procedures,

including health and safety protocols and employee uniform requirements.

3. EWA employees In the Operations, Maintenance, Source Conti-ol and Lab

departments work with and around wostcwater and raw sewage as a part of their job duties. Due

to the risk of exposiue to bacteria, pathogens, and caustic and coiTosive chemicals attendant to

their duties, these employees are required to wear uniforms to protect the health and safety of EWA

employees and their families. Tlic approximately 15 employees who comprise EWA's

Administrative Depaitment arc not required to wear protective uniforms as the nature of their work

does not place them at risk for exposure to chemicals or untreated wastewatcr.

4. Due to the strong risk of contominalion, under no circumstances ore employees

allowed to (1) wear their uniforms home or offsite, (2) wear their uniforms around certain parts of

the EWA premises, (3) launder or maintain their own uniforms, or (4) wear personal clothing while

performing work in lieu of wearing an EWA uniform. EWA arranges for the laundering of the

employees* uniforms through an outside provider.

5. EWA's Human Resources Policy Manual ("HRPM") has been updated to reQect

this practice, and will be submitted to the Board of Directors for approval. In pertinent part, the

HRPM provides os follows concerning employee uniforms:


9.20 Dress and Grooming Standards

When at work, employees are expected to utilize good judgment in determiningtheir dress and appearance. Clothing and appearance should be neat, clean, in goodbusiness taste, not constitute a safety hazard, and be appropriate for the workenvironment and junctions perfonned. Attire with bare baclcs or midriffs, or anyotlier reveal Ing or extreme attire, is not appropriate.

Ccrlatn positions within EWA require a uniform to be worn during working hoursin order to protect personal health and safety. Employees whose position requires auniform cannot perform their job duties without wearing the required uniform.Uniforms should always be neat and clean. Uniforms are Aimished by EWA andemployees may not remove uniforms from the premises or wear them to or fromwork unless specifically authorized.

1 declare under penalty of perjury under the laws of (he State of California that the

foregoing is true and correct.

Executed this 19th day of February, 2016, in Carlsbad, California.

^ . diMjA—Debbie Allen

-2-DOCS 114686.000003/2476447 I


JML


rr

SPP No: 03

Effective Date: 9/27/2010

Last Reviewed: 3/15/2012; 8/23/2013Last Revised: 11/16/2011

Authority: General ManagerInitiating Department: Enviranmental Compliance

IfKr V. \

I'.vvil:'.' 'irv)

BLOODBORNE PATHOGENS EXPOSURE CONTROL PLAN

1.0 PURPOSE

This Exposure Control Plan (HOP) v/as developed for Encina Wastev/aler Authority (EWA)as required by the bloodborne pathogens regulation in California Code of Regulations. TitleB. Section 5193 Cal/OSHA: This document is intended to provide information on bloodbornepathogens including: what they are. EWA's policy regarding them, determining exposure,methods of compliance, infectious v/aste disposal. Hepatitis B immunization, post exposurefollow up. and training.

it is the practice of EWA to prevent or minimize.occupational exposure to blood or otherpotentially infectious materials (OPIM) by strict adherence to the Universal Precautions, andby providing suitable personal prolective equipment, training, and where appropriate.Hepatitis B immunization. This ECP is consistent with the requirements of the Cal/OSHAInjury and Illness Prevention Program (3 CCR 3203).

2.0 SCOPE

This policy defines the purpose, responsibility, and methods by which EWA personnel v/illcomply with the Stale of California Department of Industrial Relations. Cal/OSHA Genera!Industry Safety Order 5193 and the Agency's Bloodborne Pathogens ECP. Those EWAemployees v/ho are determined to have occupational exposure to blood or any OPIM in theperformance of their duties must comply with the procedures and work practices outlined inthis ECP,

3.0 RESPONSIBILTY

• EWA management is responsible for the development and implementation of thispolicy and procedure to control exposure to bloodborne pathogens. Jean Tobin,EWA Safety and Training Manager is designated the administrator of the ECP. Theplan administrator will maintain, review and update the ECP at least annually, andas necessary to include nev/ tasks or procedures with potential exposure tobloodborne pathogens.

• All EWA employees affected by the ECP are responsible for obeying all safelyprocedures specified in this policy. Violations of the policy and / or procedures willresult In immediate corrective action, up to and including termination for cause.

4.0 DEFINITIONS

BLOODBORNE PATHOGENS • Pathogenic microorganisms that are present in humanblood and can cause disease in humans. These pathogens include, but are not limited toHepatitis B Virus (HBV), Hepatitis C Virus (HCV) and Human Immunodeficiency Virus (HIV).

Page 1 of 9


rr^

SPP No: 03 BLOODBORNE PATHOGENS - EXPOSURE CONTROL PLAN 9/27/2010

OCCUPATIONAL EXPOSURE ■ Reasonably anticipated skin, eye, mucous membrane, orother parenteral contact with blood or OPIM that may result from the performance of anemployee's duties.

PARENTERAL CONTACT - Piercing mucous membranes or the skin barrier throughevents such as needle sticks, bites, cuts and abrasions.

OTHER POTENTIALLY INFECTIOUS MATERIALS (OPIM) -

• The following human body fluids: semen, vaginal secretions, cerebrospinal fluid,synovial fluid, pleural fluid, pericardial fluid, peritoneal fluid, amniotic fluid, saliva,any body fluid that is visibly contaminated with blood, and all body fluids insituations where it Is difficult or Impossible to differentiate betv/een body fluids.

9 Any unfixed tissues or organs (other than intact skin) from a human (living ordead).

0 Other materials known or reasonably likely to be Infected with HBV, HCV, or HIV.

UNIVERSAL PRECAUTIONS - as defined by CDC are a set of precautions designed toprevent transmission of HIV, HBV, HCV and other bloodbome pathogens when providingfirst aid or health care. Under universal precautions, blood and certain body fluids areconsidered potentially infectious for HIV, HBV, HCV and other bloodbome pathogens.

5.0 EXPOSURE DETERMINATION

Bloodbome pathogen exposure determination is made without regard to the use of personalprotective equipment (PPE). Employees who can be reasonably expected to have exposureto human blood or OPIM are considered to have occupational exposure risk even if PPE iswom.

Each department must periodically review exposure determinations. This process involvesindentifying all job classifications, tasks, or procedures in which employees have potentialoccupational exposure to bloodbome pathogens. The Safety and Training Manager willprovide guidance In determining what jobs and tasks put employees at risk, but managersand supervisors are ultimately responsible for assessing the risks to their employees andensuring that they participate in and comply with the bloodbome pathogen ECP.

6.0 METHODS OF COMPLIANCE

• Universal Precautions • Strict adherence to the Universal Precautions is requiredfor this ECP to be effective. The comerstone of the Universal Precautions is that allblood, regardless of the source, be treated as if it Is Infectious. Appropriate PPE(including gloves, breathing masks, face shields and eye protection) and workpractices (minimizing splashing, care in handling sharps) must be observed toreduce the possibility of skin and/or mucous membrane exposure to blood andOPIM.

• Personal Protective Equipment - PPE, including but not limited to gloves,coveralls, protective suits, respiratory protection, resuscitation devices for rescue

Page 2 of9


cn (

SPP No: 03 BLOODBORNE PATHOGENS • EXPOSURE CONTROL PLAN 9/27/2010

breathing/CPR, and eye and face protection shall be available and worn by allpersons who can reasonably anticipate exposure to any potentially infectiousmaterials during the course of their duties.

A. All PRE is provided and replaced by EWA, as required by law. at no costto the employee.

B. Employees are required to use appropriate PRE whenever contact withany potentially infectious material is anticipated.

C. PPE is considered to be appropriate only if it prevents potentiallyinfectious materials from coming into contact with skin/mucousmembranes.

D. Employees should wash their hands and any other potentiallycontaminated skin area, immediately or as soon as feasible, afterremoving gloves or other PPE.

E. Employees should always remove PPE after it becomes contaminatedand before leaving the work area.

F. PPE in appropriate sizes can be found in various locations throughout theplant and is available for check- out from the warehouse.

» Work Practice & Engineering Controls - Engineering controls and work practicecontrols will be used to prevent or minimize exposure to bloodbome pathogens.The specific controls are listed below.

A. Where practical, equipment modifications will be made to minimizesplashing, spraying or spillage of wastewater and wastewater byproducts.

B. Potable and process (reclaimed) water systems will be properly operatedand adequately maintained to ensure no possibility of cross connectionexists.

C. All employees with potential occupational exposure to bloodbomepathogens are required to wear EWA provided uniforms.

D. Employees shall shower and change clothes immediately after exposureto wastewater or Its by-products.

E. Employees shall wash hands frequently using hot running water andsoap, especially before eating, smoking, and using the restroom.

F. Employees shall use the locker room facilities for changing clothes andfootwear before going home.

G. Employees shall eat in designated areas only.

Page 3 of9



H. Food and beverages shall not be stored in laboratory coolers,refrigerators, freezers or microwaves.

I. Employees shall smoke in designated areas only.

J. Employees shall thoroughly cleanse any cut, abrasion, puncture, burn,etc., taking care to reduce exposure to possible contamination.

K. Employees trained to administer first aid/CPR shall utilize appropriatePRE (disposable gloves, resuscitation devices, etc.) and follow ailAmerican Red Cross guidelines for rescuer protection.

L. Employees shall report all exposure incidents, as soon as possible and inno case later than the end of the work shift during which the exposureoccurred, regardless of whether first aid was rendered. An exposureincident means specific eye, mouth, other mucous membrane, non intactskin or parenteral contact with blood or OPIM that result from theperformance of an employee's duties.

e Cleaning and Decontamination of the Worksite - EWA shall ensure that theworksite Is maintained in a clean and sanitary condition. Appropriate cleaningmethods and schedules must be developed for each worksite. The method ofcleaning or decontamination used shall be effective and shall be appropriate forthe:

_ A. Location within the facility.

B. Type of surface or equipment to be treated.

C. Type of soil or contamination present.

D. Tasks or procedures being performed in the area.

7.0 HEPATITIS 8 VACCINATION

• The Hepatitis B vaccination must be offered within 10 days of initial assignment toa job where exposure to blood or OPIM can t)e "reasonably anticipated" andanytime thereafter at no cost to the employee.

• Information about the vaccine, its efficacy, safety, method of administration, andthe tieneflts of being vaccinated will be provided to the employee during abloodborne pathogen training program.

An employee may choose to take the vaccine or decline. If the employee declinesthe vaccine, a declination form stating that fact must be signed by the employee(Attachment A).

If at any time, a potentially exposed employee who initially declined to receive thevaccine wishes to receive the vaccine, EWA wifl provide the vaccine at no cost tothe employee.

Page 4 of 9



o Employee medical records maintained by EWA do not contain any confidentialmedical Information, except for the HBV vaccination status and signed declinationform, if vaccination is waived.

0 To begin the process to receive Hepatitis 6 vaccination, you must first be trainedregarding the dangers of bloodborne pathogens and how to protect yourself. Oncetraining has been completed, the employee may then begin the Hepatitis Bimmunization series by contacting the Safety and Training Manager to schedule anappointment with the EWA occupational healthcare provider.

8.0 POST EXPOSURE EVALUATION AND FOLLOW-UP

« All work-related exposures to blood or OPIM (such as splashes of wastewater andwastewater byproducts to the eyes, nose or mouth area, cuts and abrasions withpotentially contaminated objects or other direct physical contact with blood orOPIM) are to be reported to the employees' immediate supervisor. An incidentInvestigation report must be filled out by the supervisor. Following the report of anexposure incident, confidential medical evaluation, treatment and follow-up shall bemade available immediately to the employee who experienced such exposure. Fortreatment to be effective, it must begin within 2-6 hours after the exposure occurredand in no event later than 24 hours. Such services shall be provided at no cost tothe employee.

o Any first aid responders, who provide assistance in any incident involving blood orOPIM, regardless of whether a specific exposure incident occurs, will be offeredthe full HBV vaccination series. The immunization will be offered as soon aspossible, and in no event later than 24 hours after exposure. If an employeedeclines the vaccination, they will be asked to sign a form declining the HBVvaccination, in accordance with the Standard,

o The EWA occupational healthcare provider will determine the required follow-up ortreatment to be taken based on the exposure, applicable CDC guidelines, andEWA policies and procedures.

• EWA's occupational healthcare provider, in conjunction with the Human ResourcesManager, is responsible for documenting all exposures and medical actions taken.

• EWA's occupational healthcare provider is responsible for maintaining andretaining medical records of such evaluations, treatment and follow-up. Theserecords are maintained in accordance with CCR Title 8, Section 5193 BloodbornePathogens standard.

• EWA will obtain and make available to the employee, a copy of the evaluatinghealthcare professional's written opinion within IS days of the completion of theevaluation.

« The healthcare professional's written opinion for HBV vaccination shall be limitedto whether Hepatitis B vaccination is indicated for the employee, and if theemployee has received such vaccination.

Page 5 of 9



• The healthcare professlonars written opinion for post-exposure evaluation andfollovv-up shall be limited to the following information;

A. That the employee has been informed of the results of the evaluation.

B. That the employee has been told about any medical conditions resuitingfrom exposure to biood or other potentially infectious materials whichrequire further evaluation or treatment.

» Ail other findings or diagnoses shall remain confidential and shall not be included inthe written report.

a Jean Tobin, Safety and Training Manager is responsible for reviewing incidentinvestigation reports and evaluating the circumstances surrounding any exposureincidents, and shall recommend appropriate safety equipment and/or changes inprocedures to prevent further exposures of this type.

9.0 TRAINING

All employees who have potential occupational exposure to bioodborne pathogens receiveinitial training and annual training thereafter conducted by Jean Tobin. Safety and TrainingManager or a designated instructor. The training shall include, but not be limited to thefollowing:

A copy of the Cal/OSHA Bioodborne Pathogen standard and an explanation of itscontents.

A general explanation of the epidemiology and symptoms of bioodborne diseases.

An explanation of the modes of transmission of bioodborne pathogens.

An explanation of EWA's ECP and the means by which an employee can obtain acopy of the plan.

An explanation of the appropriate methods for recognizing tasks and otheractivities that may Involve exposure to blood and OPIM.

An explanation of the use and limitations of engineering controls, work practicesand PPE.

Information on the types, proper use. location, removal, handling, decontaminationand disposal of PPE.

Information on the basis for selection of appropriate PPE.

Information on the Hepatitis B vaccine as described in section 6.0 of thisdocument.

/^N

Page 6 of 9


( ̂

SPPNo:03 BLOODBORNE PATHOGENS-EXPOSURE CONTROL PLAN 9/27/2010 ^

o Information on the appropriate actions to be taken and persons to contact in anemergency involving blood or OPIM.

• An explanation of the procedure to follow if an exposure incident occurs, includingthe method of reporting the incident and the medical follow-up that will be madeavailable.

« An opportunity for questions and answers.

10 RECORDKEEPING

« Training records

A. EWA will maintain records for each employee with occupationalexposure, in accordance with in accordance with COR Title 8, Section5193 Bloodborne Pathogens standard.

B. Training records will be maintained by the Safety and Training Managerfor a period of no less than 3 years from the date on which the trainingoccurred. These records v/lll include the dates of training, contents or asummary of said training, the names of the persons conducting thetraining, and the names and job titles of all persons attending the trainingsessions.

C. Employee training records will be provided upon request to the employeeor the employee's authorized representative virithin 15 working days. Suchrequests should be made to the EWA, Safety and Training Manager

0 Medical Records

A. Medical records are maintained for each employee with occupationalexposure in accordance with subsection (h) (1) OCR Title 8, Section 5193Cal/OSHA. Bloodborne Pathogens.

B. EWA's Human Resources Manager is responsible for maintenance of therequired medical records. These confidenllal records will be kept for atleast the duration of employment plus 30 years.

C. Employee medical records are provided upon the request of theemployee or to anyone having written consent of the employee within 15working days. Such requests should be sent to the EWA HumanResources Manager.

Page 7 of 9


ft 0


RECOMMENDED APPROVAL:

Jean Tobin, Safely and Training Manager Dale

Kevin M. Hardy, General Manager Dale

PageBof9


or o

8PP No: 03 BLOODBORNE PATHOGENS - EXPOSURE CONTROL PLAN 9/27/2010 ^

ATTACHMENTA

HEPATITUS B (HBV) VACCINATION DECLINATION

I understand that due to my occupational exposure to blood or other potentially Infectiousmaterials I may be at risk of acquiring Hepatitis B virus (HBV) Infection. I have been given theopportunity to be vaccinated with Hepatitis B vaccine, at no charge to myself. However, I declineHepatitis B vaccination at this time. I understand that by declining this vaccine, I continue to beat risk of acquiring Hepatitis B, a serious disease. If In the future I continue to have occupationalexposure to blood or other potentially Infectious materials and 1 want to be vaccinated withHepatitis B vaccine, I can receive the vaccination series at no charge to me.

Employee name: Employee ID:

Signature: Date:

Page 9 of9


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