W. Va. Code R. § 64-56-6

Current through Register Vol. XLI, No. 43, October 25, 2024
Section 64-56-6 - Packaging and Labeling
6.1. General.
6.1.a. The generator of infectious medical waste shall be responsible for ensuring that the packaging and labeling of infectious medical waste is in compliance with this rule and any other applicable state or federal laws or regulations.
6.1.b. Contractors or other agents may provide services to the generator, including packaging and labeling of infectious medical waste: Provided, however, that no contract or other relationship shall relieve the generator of the responsibility for packaging and labeling the infectious medical waste as required by this rule. Nothing in this section shall be construed to prevent or limit any cause of action by a generator against any other party for any reasons for which the law gives a remedy.
6.1.c. No person shall knowingly accept for transportation, storage, treatment or disposal any infectious medical waste that is not packaged and labeled in accordance with this rule. Contractors or other agents may package or repackage infectious medical waste to comply with this rule, if the packaging or repackaging is performed prior to transportation off-site or storage on-site. Proper repackaging of infectious medical waste that has spilled during transportation is required prior to further transportation.
6.2. Packaging.
6.2.a. All infectious medical waste shall be packaged as required by this rule prior to storage, treatment, or transport.
6.2.b. Infectious medical waste shall be contained and sealed on-site in leak-proof plastic bags as required by 49 CFR 173.197. Free liquids shall be contained in break-resistant, tightly stoppered containers. Heavier materials shall be supported in double-walled corrugated fiberboard boxes or equivalent rigid containers.
6.2.c. Sharps shall be collected at the point of generation in rigid, leak-proof and puncture-resistant containers clearly marked as infectious medical waste. Containers shall be compatible with selected treatment processes to preclude contact with waste materials, and sealed before handling. Sharps containers shall not be completely filled.
6.2.c.1. If the sharps are to be stored or treated off-site, the containers shall be placed inside a plastic bag as specified in Section 6.2.b of this rule. Prior to storage, the plastic bags shall be bound at the gathered open end with tape or another closing device that prevents leakage of liquids. Transporters utilizing properly constructed transport carts for large sharps containers which secure the containers are exempt from this requirement.
6.2.c.2. Sharps which are rendered noninfectious and encapsulated in a solid state on-site may be discarded as solid waste. The encapsulated container shall be labeled in accordance with Section 6.3.b of this rule.
6.2.d. Bags containing infectious medical waste at facilities where on-site treatment will occur shall be red in color except that infectious medical waste that is to be steam treated shall be contained in orange bags and marked with autoclave tape or other heat-activated ink which will indicate whether or not the appropriate temperature, as required by this rule, has been reached. Both red and orange bags shall be imprinted with the international biohazard symbol and the words "infectious medical waste" or "biomedical waste" or "biohazard" or "regulated medical waste". Waste contained in red bags shall be considered infectious medical waste and managed as infectious medical waste. Waste contained in orange bags shall be managed as infectious medical waste prior to steam treatment and as solid waste after steam treatment. This waste shall not be removed from the orange bags and shall not be enclosed in bags of different colors.
6.2.e. Bags containing infectious medical waste which is to be transported off-site for treatment shall be red in color and shall be imprinted with the international biohazard symbol and the words "infectious medical waste" or "biomedical waste" or "biohazard" or "regulated medical waste. Waste contained in red bags shall be considered infectious medical waste and managed as infectious medical waste. In addition to other packaging, all infectious medical waste which is to be transported off-site shall also be packaged in double-wall corrugated fiberboard boxes or equivalent rigid containers. The boxes or containers shall be leak-resistant and lined with a tear-resistant leak-proof plastic bag.
6.2.f. Reusable containers shall be leak-proof and, shall have tight-fitting covers, and shall be kept clean and in good repair. Reusable containers shall be thoroughly washed and disinfected. Disposable liners, bags or other devices shall be removed and handled as infectious medical waste. Red bags may not be enclosed in bags of different colors.
6.2.g. Disinfection of the container shall be accomplished by one of the following methods:
6.2.g.1. Immersion in hot water at a temperature of at least one hundred and eighty degrees Fahrenheit (180 °F) for a minimum of thirty (30) seconds;
6.2.g.2. Exposure to a chemical sanitizer by immersion in one of the following for a minimum of thirty (30) seconds: hypochlorite solution of one hundred parts per million (100 ppm) available chlorine; iodoform solution of twenty-five parts per million (25 ppm) available iodine; or quaternary ammonium solution of two hundred parts per million (200 ppm) active agent per manufacturer's instructions; or
6.2.g.3. Swabbing or rinsing the container with a chemical sanitizer double the strength specified in Section 6.2.g.2 of this rule or a chemical with equivalent sanitizing capabilities.
6.2.h. Employers shall direct employees packaging infectious medical waste to use personnel protection equipment and shall provide training in its use.
6.3. Labeling Requirements.
6.3.a. Infectious medical waste to be transported off-site shall be labeled prior to being stored on-site or transported off-site. The label shall be securely attached to the outer layer of packaging and shall be clearly legible. Permanent ink shall be used to complete the information on the label and, if handwritten, the label shall be at least three (3) inches by five (5) inches in size. The following information shall be included on the label:
6.3.a.1. The name, address, business telephone numbers of the generator;
6.3.a.2. The name, address, business telephone numbers of all transporters; and
6.3.a.3. The date on which the infectious medical waste was packaged.
6.3.b. Recognizable treated noninfectious medical waste shall be labeled prior to being transported off-site. Treated medical waste that will pass through a screen with a one-half inch (1/2) grid shall be considered not recognizable. The label shall meet the requirements in Section 6.3.a of this rule for infectious medical waste. The following information shall be included on the label:
6.3.b.1. The name, address and business telephone numbers of the generator;
6.3.b.2. The name, address, and business telephone numbers of the facility at which the waste was rendered noninfectious;
6.3.b.3. The weight of the treated noninfectious medical waste and the method of treatment; and
6.3.b.4. A signed and dated certification by the facility where the waste was rendered noninfectious which states: "I hereby certify under penalty of law that this waste has been rendered noninfectious in accordance with procedures required by Infectious Medical Waste Rule, 64 CSR 56."
6.4. Facilities that render infectious medical waste non-infectious within their facility, may manifest the entire load of treated waste in lieu of individual bag labeling. The facility shall apply to the Secretary for a waiver with rationale supporting the request. Once approved, the changes and procedures shall be reflected in the Infectious Medical Waste Management Plan. Commercial treatment facilities are exempt from this requirement. Facilities currently in operation at the effective date of this rule that render infectious medical waste non-infectious within their facility are not required to apply for a waiver.

W. Va. Code R. § 64-56-6