Can I get in trouble with OSHA for having my employees sign a release before they are administered the Hepatitis B (HBV) vaccine under the Companys Bloodborne Pathogen Program?
The use of releases by an employer is especially problematic. The Bloodborne Pathogen Standard requires that the Hepatitis B (HBV) vaccine be made available at no cost to all employees who have occupational exposure to blood or bodily fluids. Of course, there exists some legal liability from complications arising from administering the HBV vaccine, or any other injection for that matter. Some employers, following the lead of national safety publishing houses, have required their employees to sign releases in conjunction with the HBV vaccine which, on their face, purport to waive liability between the employer and the employee. This runs afoul of the “at no cost to the employee” requirement relating to the HBV vaccine. Through guidances and enforcement memos, OSHA has taken the position that the waiver of a legal right is, in fact, a cost to the employee, and thus a violation of the Act. This violation can result in a serious violation because of the nature of this occupational exposure
