Metwest, Inc. v. Secretary Of Labo

560 F.3d 506 (D.C. Cir. 2009)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

OSHA promulgated safety standards aimed at preventing the transmission of bloodborne pathogens in the workplace. Originally, medical professionals removed used needles with a 'two-handed' technique- they placed a plastic cap over the front of the needle and then unscrewed it manually. Suppliers then developed reusable blood tube holders that allowed for 'one-handed' needle removal by pressing a button on the blood tube holder and releasing the needle into a safe container. Medical suppliers also developed and marketed 'single-use' blood tube holders. With the single-use tube holder, the needle is not removed, and you simply discard the holder and its attached needle into a safe container. Single-use holders are more costly than reusable holders, but they reduce the chances of injury due to 'back end' needle sticks. OSHA's 1991 regulation provides that 'contaminated needles and other contaminated sharps shall not be bent, recapped or removed unless the employer can demonstrate [1] that no alternative is feasible or [2] that such action is required by a specific medical or dental procedure.' In October 2003, the agency issued a guidance document stating that using reusable blood tube holders likely violated the rule. The guidance document also made clear that single-use holders were the safest type of blood tube holder and were, as of 2003, widely used in the phlebotomy industry. OSHA's current policy was to enforce the provisions of the rule. An OSHA issued P a citation for allowing its employees to remove needles from reusable blood tube holders in violation of the rule. After an Administrative Law Judge and the Occupational Safety and Health Review Commission upheld the citation, P filed this petition for judicial review.