N.J. Admin. Code § 8:27-4.7

Current through Register Vol. 56, No. 9, May 6, 2024
Section 8:27-4.7 - Hand hygiene, use of standard precautions, infection control, bloodborne pathogens training, and records maintenance
(a) Facility owner(s) shall be responsible for adhering to the following standards:
1. The skin of the practitioner shall be free of rash or infection.
2. No person affected with boils, infected wounds, open sores, abrasions, and/or weeping dermatological lesions shall work in a body art establishment until written documentation is obtained from a physician, provided to the operator, and kept on file, indicating the condition is no longer transmissible or communicable.
3. A practitioner or employee is prohibited from providing body art services or working in a facility while having an acute respiratory infection or other disease or condition which has been diagnosed by a physician to be in a communicable or transmissible form.
4. A practitioner or employee shall not diagnose or treat any suspected communicable or transmissible disease or condition.
5. A practitioner or employee providing services or working in a facility while diagnosed with or suspected of having acquired immunodeficiency virus and related immunodeficiency conditions or the hepatitis B or hepatitis C virus shall observe and follow the standards for public service workers regarding personal protective equipment and disposal of blood or bodily fluid contaminated articles, tools and equipment as set forth in the Occupational Safety and Health Administration (OSHA) Rule 29 CFR part 1910.1030 incorporated herein by reference, and as amended and supplemented. This includes practitioners or employees providing services to clients who have been diagnosed with or are suspected of having human immunodeficiency virus, related conditions or the hepatitis B or hepatitis C virus.
6. Hepatitis B vaccination series and universal precautions policies shall be established for employees in accordance with the OSHA Rule 29 CFR part 1910.1030 , Occupational Exposure to Bloodborne Pathogens.
(b) Operators shall ensure that before, during, and after the performance of body art procedures, practitioners and apprentices adhere to the Hand Hygiene Guideline.
(c) Operators shall establish written policies and procedures addressing the needs of employees, practitioners, apprentices, and clients who have latex allergies and shall supply alternatives to latex medical gloves and other latex-containing items to which practitioners, apprentices, and clients who have latex allergies may be exposed to in the establishment.
(d) Operators shall ensure that practitioners and apprentices adhere to applicable provisions of the standard precautions and the bloodborne pathogens standards before, during, and after the performance of body art procedures and whenever a practitioner, apprentice, or another worker has actual or potential occupational exposure.
(e) Operators shall establish and implement policies and procedures to ensure that:
1. The skin of practitioners and apprentices is free of rash or infection;
2. Persons who have boils, infected wounds, open sores, abrasions, and/or weeping dermatological lesions do not work in, or be present at, a body art establishment until the operator has and maintains written documentation, issued by the person's health care provider, indicating that the condition is neither transmissible nor communicable;
3. Practitioners, apprentices, and workers who have an acute respiratory infection or suspected or confirmed communicable disease are not present at the body art establishment and do not return to the establishment until the operator receives written documentation issued by a health care provider indicating that the condition is not transmissible, which documentation the operator shall maintain in the establishment's file on the affected practitioner, apprentice, or worker.
i. Paragraph (e)3 above shall not be construed to exclude persons with bloodborne diseases, such as hepatitis B, hepatitis C, and HIV from performing body art in a body art establishment;
4. All practitioners, apprentices, and workers, including those having suspected or confirmed infection with bloodborne diseases, adhere to the standard precautions and the bloodborne pathogens standard;
5. At an operator's expense and on the operator's time, the operator offers employees (who may include practitioners and apprentices) the hepatitis B vaccination in accordance with the bloodborne pathogens standard, written evidence of which offer the operator maintains in the establishment's file on each employee; and
6. The operator maintains a copy of the document, such as a certificate of completion, memorializing completion of bloodborne pathogens training for each practitioner, apprentice, or other employee who is required by applicable law to receive this training, in the file the establishment maintains for each practitioner, apprentice, and employee.
(f) Operators that enroll in the On-Site Consultation Program of the New Jersey Department of Labor and Workforce Development can receive bloodborne pathogens and other OSHA compliance guidance and training without charge. See http://www.nj.gov/labor/lsse/employer/Occupational_Safety_and_Health_Onsite_Consultation_Program.html.

N.J. Admin. Code § 8:27-4.7

Amended by 54 N.J.R. 1392(a), effective 7/18/2022