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Federal Register / V%0, No. 235 / Friday, December 6, 199 es and Regulations after consent is obtained in order to determine HBV and HIV infectivity. If consent is not obtained, the employer shall establish that legally required consent cannot be obtained. When the source individual's consent is not required by law, the source individual's blood, if available, shall be tested and the results documented. (B) When the source individual is already known to be infected with HBV or HIV, testing for the source individual's known HBV or HIV status need not be repeated. (C) Results of the source individual's testing shall be made available to the exposed employee, and the employee shall be informed of applicable laws and regulations concerning disclosure of the identity and infectious status of the source individual. (iii) Collection and testing of blood for HBV and HIV serological status; (A) The exposed employee's blood shall be collected as soon as feasible and tested after consent is obtained. (B) If the employee consents to baseline blood collection, but does not give consent at that time for HIV serologic testing, the sample shall be preserved for at least 90 days. If, within 90 days of the exposure incident, the employee elects to have the baseline sample tested, such testing shall be done as soon as feasible. (iv) Post -exposure prophylaxis, when medically indicated, as recommended by the U.S. Public Health Service; (v) Counseling; and (vi) Evaluation of reported illnesses. (4) Information Provided to the Healthcare Professional. (i) The employer shall ensure that the healthcare professional responsible for the employee's Hepatitis B vaccination is provided a copy of this regulation. (ii) The employer shall ensure that the healthcare professional evaluating an employee after an exposure incident is provided the following information: (A) A copy of this regulation; (B) A description of the exposed employee's duties as they relate to the exposure incident; (C) Documentation of the route(s) of exposure and circumstances under which exposure occurred; (D) Results of the source individual's blood testing, if available; and (E) All medical records relevant to the appropriate treatment of the employee including vaccination status which are the employer's responsibility to maintain. (5) Healthcare Professional's Written Opinion. The employer shall obtain and provide the employee with a copy of the evaluating healthcare professionals written opinion within 15 days of the completion of the evaluation. (i) The healthcare professional's written opinion for Hepatitis B vaccination shall be limited to whether Hepatitis B vaccination is indicated for an employee, and if the employee has received such vaccination. (ii) The healthcare professional's written opinion for post -exposure evaluation and follow-up shall be limited to the following information: (A) That the employee has been informed of the results of the evaluation; and (B) That the employee has been told about any medical conditions resulting from exposure to blood or other potentially infectious materials which require further evaluation or treatment. (iii) All other findings or diagnoses shall remain confidential and shall not be included in the written report. (6) Medical recordkeeping. Medical records required by this standard shall be maintained in accordance with paragraph (h)(1) of this section. (g) Communication of hazards to employees— (1) Labels and signs. (i) Labels. (A) Warning labels shall be affixed to containers of regulated waste, refrigerators and freezers containing blood or other potentially infectious material; and other containers used to store, transport or ship blood or other potentially infectious materials, except as provided in paragraph (g)(1)(i)(E), (F) and (G). (B) Labels required by this section shall include the following legend: In BIOHAZARD (C) These labels shall be fluorescent orange or orange -red or predominantly so, with lettering or symbols in a contrasting color. (D) Labels required by affixed as close as feasible to the container by string, wire, adhesive, or other method that prevents their loss or unintentional removal. (E) Red bags or red containers may be substituted for labels. (F) Containers of blood blood components, or blood products that are labeled as to their contents and have been released for transfusion or other clinical use are exempted from fhe labeling requirements of paragraph (g). (G) Individual containers of blood or other potentially infectious materials that are placed in a labeled container during storage, transport, shipment or disposal are exempted from the labeling requirement. (H) Labels required for contaminated equipment shall be in accordance with this paragraph and shall also state which portions of the equipment remain contaminated. (I) Regulated waste that has been decontaminated need not be labeled or color -coded. (ii) Signs. (A) The employer shall post signs at the entrance to work areas specified in paragraph (e), HIV and HBV Research Laboratory and Production Facilities, which shall bear the following legend: BIOHAZARD (Name of the Infectious Agent) (Special requirements for entering the area) (Name, telephone number of the laboratory director or other responsible person.) (B) These signs shall be fluorescent orange -red or predominantly so. with lettering or symbols in a contrasting color. (2) Information and Training. (i) Employers shall ensure that all employees with occupational exposure participate in a training program which must be provided at no'cost to the employee and during working hours. (ii) Training shall be provided as follows: (A) At the time of initial assignment to tasks where occupational exposure may take place; (B) Within 90 days after the effective date of the standard; and (C) At least annually thereafter. (iii) For employees who have received training on bloodborne pathogens in the year preceding the effective date of the standard, only training with respect to the provisions of the standard which were not included need be provided. (iv) Annual training foi all employees shall be provided within one year of their previous training.