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200 log progresses to tuberculosis disease during the five-year maintenance
period, the original entry for the infection shall be updated to reflect the
new information. Because it is difficult to determine if tuberculosis disease
resulted from the source indicated by the skin test conversion or from
subsequent exposures, only one case should be entered to avoid double
counting.
c. A positive TB skin test provided within two weeks of employment does not
have to be recorded on the OSHA 200 forms. However, the initial test
must be performed prior to any potential workplace exposure within the
initial two weeks of employment.
M. Expert Witness. The Directorate of Technical Support will assist Regional Offices and the States
in locating expert witnesses. Expert witnesses must be contacted before issuance of citations.
1. In the event that a 5(a)(1) citation is contested, proper expert witness support will be
required. Issues which the expert must be prepared to address include:
a. The risk to workers associated with the exposure circumstances.
b. Existence, feasibility and utility of abatement measures.
c. Recognition of the hazard in the industry.
2. Expert witnesses may also be necessary in other cases, particularly those involving 29 CFR
1910.134.*
N. Recording in the IMIS. A TB-related inspection is any health inspection conducted to investigate
the presence or alleged presence of TB disease (i.e., a referral or complaint inspection).
1. When a TB-related inspection is conducted, complete the OSHA-1 as for any inspection
and enter the code “N 02 TB” in Item 42, Optional Information. EXAMPLE:
Type ID Value
N 2 TB
2. When an OSHA-7 is completed and the complaint alleges the presence of TB hazards,
enter the code “N 02 TB” in Item 46, Optional Information.
3. When an OSHA-90 is completed and the referral alleges the presence of TB hazards, enter
the code “N 02 TB” in Item, 26, Optional Information.
4. All IMIS case file data for TB-related inspections conducted since October 1, 1990, shall be
modified to include the appropriate TB code.
O. Referrals
1. When a complaint or inquiry is received from a source in a state plan regarding
* 29 CFR 1910.134 is now codified for protection against TB as 29 CFR 1910.139.
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