29 CFR 1910 · General Industry

1910.1030(d)(3)(ii): Using PPE for Bloodborne Pathogens

By Black Belt Safety Editorial Team Official text as of octubre 15, 2026 Data updated octubre 20, 2026 3 min read

In plain words:

Employers must ensure employees use appropriate PPE unless the employer shows the employee briefly declined it under rare and extraordinary circumstances, using professional judgment that it would have prevented health care or public safety services or increased hazard. Such cases must be investigated and documented to find ways to prevent them.

Key takeaways

  • 1910.1030(d)(3)(ii) is part of OSHA's general industry standards (29 CFR Part 1910).
  • OSHA cited it 10 times in the last 3 years, in 10 inspections, with $33,326 in current penalties.
  • Most citations: PA (2), ME (1), NH (1).
  • Related part: 1910.1030(d) Methods of compliance (455 citations).
  • Free 5-minute toolbox talk for your crew below.
10citations, 3 years
$33,326current penalties
10inspections
0linked injury cases
In this article
  1. What this rule covers
  2. Official text
  3. Where and how often it was cited
  4. Free toolbox talk
  5. OSHA interpretation letters
  6. Related parts of this rule
  7. Get your crew competent
  8. Frequently asked questions
  9. About this page

What this rule covers

29 CFR 1910.1030(d)(3)(ii) ("Use") is one requirement inside 1910.1030 Bloodborne pathogens, an OSHA general industry standard (Part 1910). The official text below is copied word for word from the Electronic Code of Federal Regulations (eCFR). The numbers, injury cases and training on this page show how OSHA enforces it on real job sites.

Official text

(ii) Use. The employer shall ensure that the employee uses appropriate personal protective equipment unless the employer shows that the employee temporarily and briefly declined to use personal protective equipment when, under rare and extraordinary circumstances, it was the employee's professional judgment that in the specific instance its use would have prevented the delivery of health care or public safety services or would have posed an increased hazard to the safety of the worker or co-worker. When the employee makes this judgement, the circumstances shall be investigated and documented in order to determine whether changes can be instituted to prevent such occurances in the future. 10 citations

Source: eCFR, text current as of 2026-10-15. Read all of 1910.1030.

Where and how often it was cited

YearCitations
20231
20245
20251
20263

Top states: PA (2), ME (1), NH (1), RI (1), CT (1)

Largest penalties

EmployerLocationPenalty for this rule
DANIELS SHARPSMART, INC.HOUSTON, TX$14,000
LIGHTHOUSE SURGICAL SUITES, LLCHOLLIS, NH$5,646
BLACKBURN'S FABRICATION, INC.COLUMBUS, OH$4,965
GRANITE COAST PROPERTIES, LLCSOUTH PORTLAND, ME$2,750
110687 - MINNESOTA DEPT OF CORRECTIONS - MOOSE LAKEMOOSE LAKE, MN$2,100

Free toolbox talk

A 5-minute crew talk on 1910.1030(d)(3)(ii), plus alerts when this rule changes. Free.




OSHA interpretation letters

None exist. OSHA has not published a letter of interpretation for 1910.1030(d)(3)(ii).

Related parts of this rule

Get your crew competent

Trainers on Black Belt Safety: Marc Harvey, Dana Reyes

Trainers and suppliers: feature your business on this rule for $25/month.

Frequently asked questions

Must employees use PPE?

Yes. The employer must ensure appropriate PPE is used.

Is there an exception?

Only when an employee temporarily and briefly declines under rare and extraordinary circumstances based on professional judgment.

What happens after an exception?

The circumstances must be investigated and documented to see if changes can prevent it in the future.

About this page

Sources

3-year window. Federal OSHA only; state-plan rules are not counted. Plain-language text is a summary, not legal advice; the official text controls. Black Belt Safety is not part of OSHA or the Department of Labor.

Written and reviewed by

Black Belt Safety Editorial Team

Site Safety Officer and Safety Professional

OSHA 30 · CPR · USACE CQM

Written and reviewed by the Black Belt Safety team. Every post is checked against the OSHA standard or agency source it cites.

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