105 CMR, § 480.135

Current through Register 1538, January 3, 2025
Section 480.135 - Sharps Collection Centers
(A) A Sharps Collection Center shall be an identified site within a community that collects and manages home sharps. Operators of Sharps Collection Centers shall be responsible for arranging for the transportation and disposal of home sharps pursuant to 105 CMR 480.000.
(B) In accordance with M.G.L. c. 94C, § 27A , the operator of a Sharps Collection Center shall:
(1) use only collection containers that meet the requirements of the U.S. Occupational Safety and Health Administration and the U.S. Department of Transportation and are marked with the international biohazard symbol;
(2) provide secure accessible collection containers on site;
(3) accept sharps from home sharps users that are in leak-proof, rigid, puncture resistant and shatterproof containers;
(4) provide appropriate transfer containers for home sharps users who fail to bring their sharps in suitable containers for placement in the collection container;
(5) have a written agreement with a medical waste transporter providing for regularly scheduled waste pickups; and
(6) store, handle, transport and treat the collected waste in accordance with 105 CMR 480.000.
(C) Operators of Sharps Collection Centers, excluding kiosks, shall comply with the requirements set forth in 105 CMR 480.100(B), (C), (D), (F) and (G); 105 CMR 480.200(E); 105 CMR 480.300(A), (B), (D), (E) and (F); 105 CMR 480.400; 105 CMR 480.425(A), (B), (C) and (D); 105 CMR 480.500(A), (B), (C), (H) and (I); as applicable.
(D) A kiosk used as a Sharps Collection Center may be attended or unattended, but shall be dedicated for the sole purpose of collecting home sharps pursuant to M.G.L. c. 94C, § 27A and shall:
(1) meet all of the requirements of 105 CMR 480.135(B)(1), (2), (3), (4), and (5);
(2) be marked and identified as a "Sharps Collection Drop Box" or with an equivalent designation and be clearly labeled with a contact name and emergency contact phone number for an individual(s) who either has knowledge about the specific kiosk including emergency response information, or who has immediate access to a person who possesses such knowledge;
(3) be conspicuously labeled with the international biohazard symbol and the word "Biohazard" in a contrasting color;
(4) be lined with a secondary container designed to prevent spillage, which meets the requirements of 105 CMR 480.300(B)(1), (2), (3), and (4); and
(5) provide written directions in the appropriate language(s), if necessary, for the proper deposit of sharps containers, including but not limited to:
(a) "No loose needles, glass containers or paper/plastic bags"; and
(b) "Please do not leave sharps containers outside the kiosk".
(E) All kiosk operators shall comply with the requirements set forth in 105 CMR 480.100(C), (D) and (G); 105 CMR 480.200(E); 105 CMR 480.300(A), (B)(5), (D), (E) and (F); 105 CMR 480.400; 105 CMR 480.425(A), (B), (C) and (D); 105 CMR 480.500(A)(3) and (A)(4), (B), (C), (H), and (I); as applicable. Kiosk operators with a written agreement for direct pickup of home sharps by a medical waste transporter in accordance with M.G.L. c. 94C, § 27A shall be exempt from 105 CMR 480.300(F); 105 CMR 480.500(A)(3); and 105 CMR 480.500(C); as applicable.
(F) All Sharps Collection Centers including kiosks shall be inspected by the Board of Health once prior to initial operation to ensure compliance with the requirements of 105 CMR 480.000.
(G) Upon the completion of the initial inspection, the Board of Health shall notify the Department, within 30 days, of the location, and address of the Sharps Collection Center(s), including kiosks.
(H) The Department shall maintain a list of all Sharps Collection Centers, including kiosks, located within the Commonwealth, which are established by the Department or reported by local health officials upon completion of the initial inspection pursuant to 105 CMR 480.135(E).
(I) Collection of home sharps at a Sharps Collection Center shall be the point of generation of the waste. The Massachusetts Department of Environmental Protection may by policy or regulation exempt a Sharps Collection Center from the requirements in 310 CMR 16.00 (Site Assignment for Solid Waste Facilities) and 310 CMR 19.00 (Solid Waste Management), provided that the operator complies with the requirements in 105 CMR 480.135(A), (B), (C), (D), (E) and (F), as applicable.

105 CMR, § 480.135