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i !:: o Prsonnel Management
Ml Prlonel Manual System
II ACtions Agencies Should Take in the Event of
pI.. loyse Exposure to an Infectious Agent
FPM Letter 810-16
Published in advance
of incorporation in FPM
EAIN UNTIL aSUMSUsXo
Washington, D. C. 20415
April 18, 1990
aisrients and .Independent Establishments:
1' 24, 1988, OPM issued FPM Bulletin 792-42, "Acquired Immune Defi-
diroie (AIDS) in the Workplace," which provided information and
Fiiedaeal agencies concerning employees who are infected with the
iceficiency virus (HIV) and the responses of their co-workers.
ifeotiton contracted in the workplace is compensable under the
pf~lore' Compensation Act (FECA) in accordance with the usual cri-
*Xibed in FPM Chapter 810, Injury Compensation), the Office of
itoanation Programs (OWCP) is also receiving claims from Federal
iji Ohave been exposed to HIV (as opposed to contracting the virus)
tehat such an exposure has occurred. While the number of such'
ni1H, they are significant because of the issues they raise.
tMimnt to this letter describes the actions which employing agen-
4 :ice in any case where exposure to an infectious agent has oc-
:i:- procedukre described are applicable to contagious conditions in
atiiAing, for instance, tuberculosis and hepatitis as well as HIV.
Sliiitcps oif.i'.! e' Compensation Programs, Regulations and
P...~.t..e (202) 523-8463
i0';. ;ii:iiE "N .
Sii jiii; ry Co. mpensation.
OPM FORM a aBm
At h, is I
A- # 'Xf
Attachment to FPM Letter 810- 16
Actions in Case of Exposure to an Infectious Agent
itder the FECA, medical care and compensation may be authorized for any
Injury or occupational disease which has occurred in the performance of
IItI',i y and which is causally related to factors of Federal employment.
I'h OWCP's regulations at Title 20 CFR Part 10.5 (14) define "injury"
i a wound or condition of the body induced by accident or trauma, and
II$.t4lu4des a disease or illness proximately caused by the employment for
Q|iiA! I g*I benefits are provided under the Act".
II.Kp:CA does not, however, provide for payment of any expenses associated
.ipil..pimple exposure to an infectious disease, without the occurrence of
SI.II wl-related injury. Under proposed regulations published by the
lllll0 tional Safety and Health Administration on May 30, 1989, addressing
I.;;Llllllli.iialth risks posed by bloodborne pathogens in the workplace, an
,IIIIIIISl ure incident" is defined as a "specific eye, mouth, other mucous
1,A1~~ne, non-intact skin, or parenteral contact with blood or other
attially infectious materials that results from the performance of an
IbVpof ee's duties."
'iWisistinctions between injury and exposure may be illustrated by
ieiittdering an employee who sustains a puncture wound from a needle used
l.i,,aw blood from an HIV infected patient. The puncture wound constitutes
ltll i injury and would be accepted as such by the OWCP, and because exposure
I'. known carrier is involved, the OWCP will pay for diagnostic studies
t"il'iOti"le out the presence of a more serious condition. Both a work-
p ted injury and exposure to a known carrier must occur before OWCP
iI.ay for such diagnostic testing. A puncture wound from a needle
i .: to draw blood from a patient not known to be infected by the HIV
dllltIr entitle the worker to benefits only for the effects of the puncture
IIII, and Form CA-16 should not be issued to authorize precautionary
tI"ting since no indication exists that a communicable disease has been
eIImjili reacted on duty.
S1 ..'of' exposure, as contrasted with actual exposure, can be illustrated
|jiiiidering an employee who is required to search an individual known
...!..I...ave AIDS. Although such an employee might be worried about the
pteliil,,llll triall effects, he or she would not be entitled to benefits under the
rfIl A sn!ce no definable injury occurred during the encounter. Similarly,
11$uiyii1...to with an individual who is believed to belong to a high-risk
r5to' but has no known history of AIDS would not entitle an employee to
A|iie i t ts. In these situations, no Form CA-16 should be issued as no
A tj10yiiiti' y or exposure has occurred, and the OWCP would deny the case on
I!t.. basis as well.
As iith any other injury, a Form CA-1 should be completed if a needle
i'stck or other wound is sustained. If no medical expense will be
||||||;|ii rred and no time will be lost from work beyond the date of injury,
i ~ notice of injury should be retained in the Employee Medical Folder.
Sll!oiW:' one or more visits for medical care are required during duty hours
t tler the date of injury, or if two or more such visits are required
IIIIi' ing non-duty hours after the date of injury, the case should be
I II!!dbmiitted as a first aid injury (see FPM Letter 810-14). The vast
IIIaiority of cases involving the question of exposure to HIV or other
II lli ectious agent will be minor injuries which can be handled according to
i ellllll:i!se guidelines. Only if a more serious injury has occurred, or the
!claimant has been exposed to a known carrier of an infectious disease,
hlllii'lould the notice of injury be sent to OWCP and a Form CA-16 issued.
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Attachment to FPM Letter 810-16 (3)
mtIeO I Omateeiest, Maine,
Nasacuhuseltt, lw Rampshirn,
Rhode Islmnd, Vemont
, I.. Jordan fpkht
tbvimion to Federal employee
Oa. upa lonal Health
Jobs F. Knnedy Building
.e... : t canter
.hatea, HItamchusetts 02UOS
'l Telaphoae: 835-104
mGonfrial Telphane: (617) 565-1046
61OI 111 Delaors., IMryland,
UMet Virgian District
Frennci SaZpiello, N.D.
Division of Federal BEployee
10th Noor. oAm 10460
3S35 wItht Street
10adstphik, nanmylvSmni 19101
M T.tohme: 1596-188
G~mwati Talephme: (215) S96-l188
GIMI V ZllsiaoiI. adiaa, Hiehiga,
Hiamsooa, ahio, Misconin
Iwuent hIadamy RI, DD.S., I.P.H.
Kwvisina of Fede l laploey
3 tb nPoor, uI
3MO Leath Motker Drive
Cibalo, Illinos 60606
1. elepheae: 6-4215
Ciaeial TStephom: (312)' 86-4215
Mlo0 VII lowe. asUsa, Misouri,
iAhelad Miller, W.D.
Dwivsion of lMedral R ploye
Oceupatiod al IHalth
Nederal Iilding, tao 901
601 aoost L3h Street
ranse City, Misrouri 64106
BS Telephone! 867-3377
C ercial Telephoea: (816) 426-3377
ESiON IX AriOn os Clifornia, Havwii,
Mevada, Guam, Trut
Terricaosy f Pacific islands
mald4 Bankos, .D.
fivilion of Federal Employee
S0 united adtcioal Plao
k rancisco, california 94102
F1S Telephone: S56-6634
Comnrcial Telephone (*15) 556-6624
IuHON It He York. ew Jerey,
Puerto Rice. Viriu RtIlnd
Jema Orsotmojer, D0..
Division of federal IEapoyer
Jacob K. Javits Federal Buildini
26 Federal )Ioam
San York. eau York 10278
ITR Telephone: 264-2537
Cmrcial Telephone: (212) 266-2537
EGION IV Alabama, Florida, dorgia,
korth Carolina, outh
Itephen Watt, D.N.D.. H.P.B.
Divilien of Federal Employee
Maritta Tower Buildian
Atlana., Georlli 30323
TS Telephone: 243-0406
Coercial Telephone: (406) 331-0406
MOION VI ArkansMa Louiiasoe
anr NexicSa, Oklahso, eams
Jsise kBtton, D.O.
Division of hadaral ployse
1200 Main Tomr
Dallat, haus 75202
S Telephone: 729-3577
Commrcial Telepho m: (214) 767-3377
BRGIO VIII Colorado, Motana, North
akot,. South Daketr,
Randall Larc cher, M.D.
Division of Federal bHployee
D enw Federal Center
Building 640, Ioom A1110
Denver, Colorado 80225
lM Telephone 776-0077
Caercil Telephone: (303) 236-0077
REGION X Alikalu Idaho, Oregon,
Richard Lyous, M.D.
Division of Federal Employee
2201 Sixth Avenue
Mail Stop BI-21
Seattle, Washinpcon 98121
RS Telephone: 399-5688
Couerical Telephone: (206) 442-5688
f,.LGOVTERMEIH PRINTIZG OrTfOL:1990-260-571:00136
UNIVERSITY OF FLORIDA
3 1262 08741 8611
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