1910.1030(d)(3)(ii): Using PPE for Bloodborne Pathogens
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.
In this article
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
| Year | Citations |
|---|---|
| 2023 | 1 |
| 2024 | 5 |
| 2025 | 1 |
| 2026 | 3 |
Top states: PA (2), ME (1), NH (1), RI (1), CT (1)
Largest penalties
| Employer | Location | Penalty for this rule |
|---|---|---|
| DANIELS SHARPSMART, INC. | HOUSTON, TX | $14,000 |
| LIGHTHOUSE SURGICAL SUITES, LLC | HOLLIS, NH | $5,646 |
| BLACKBURN'S FABRICATION, INC. | COLUMBUS, OH | $4,965 |
| GRANITE COAST PROPERTIES, LLC | SOUTH PORTLAND, ME | $2,750 |
| 110687 - MINNESOTA DEPT OF CORRECTIONS - MOOSE LAKE | MOOSE 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
- 1910.1030(d) Methods of compliance 455 citations
- 1910.1030(d)(4) Housekeeping 262 citations
- 1910.1030(d)(4)(iii) Regulated Waste 195 citations
- 1910.1030(d)(2) Engineering and work practice controls 141 citations
- 1910.1030(d)(4)(iii)(A) Contaminated Sharps Discarding and Containment 131 citations
- 1910.1030(d)(2)(i) 53 citations
- 1910.1030(d)(2)(vii) 48 citations
- 1910.1030(d)(3) Personal protective equipment 48 citations
- 1910.1030(d)(2)(vii)(A) 33 citations
- 1910.1030(d)(4)(iv) Laundry 23 citations
- 1910.1030(d)(4)(i) General 23 citations
- 1910.1030(d)(2)(viii) 22 citations
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
- 29 CFR 1910.1030 (eCFR), text current as of 2026-10-15
- U.S. Department of Labor enforcement data: OSHA inspections, citations and accident records, copied nightly; data as of 2026-10-20
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.