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Frequently Asked Question

Must Employers Offer the Hepatitis B Vaccine to Employees?

Yes. Under 29 CFR 1910.1030(f)(2), employers must make the hepatitis B vaccination series available at no cost to employees with occupational exposure, after required training and within 10 working days of initial assignment. Exceptions apply for prior vaccination, documented immunity or medical contraindication. An employee who declines must sign the OSHA declination statement.

Who must be offered the vaccine. The employer must make the hepatitis B vaccine and vaccination series available to all employees with occupational exposure (29 CFR 1910.1030(f)(1)(i)).

Timing. Vaccination must be made available after the employee has received the training on the vaccine required by 1910.1030(g)(2)(vii)(I) and within 10 working days of initial assignment (1910.1030(f)(2)(i)).

Exceptions. The offer is not required if the employee has already received the complete series, antibody testing shows the employee is immune, or the vaccine is contraindicated for medical reasons (1910.1030(f)(2)(i)).

Conditions. The vaccine and series must be (1910.1030(f)(1)(ii)):

  • Available at no cost to the employee.
  • Offered at a reasonable time and place.
  • Performed by or under the supervision of a licensed physician or other licensed healthcare professional.
  • Provided according to current U.S. Public Health Service recommendations.

No prescreening condition. The employer may not make participation in a prescreening program a prerequisite for receiving the vaccine (1910.1030(f)(2)(ii)).

Declining. An employee who declines must sign the declination statement in Appendix A to 1910.1030 (1910.1030(f)(2)(iv)). If the employee later decides to accept the vaccine while still covered by the standard, the employer must make it available at that time (1910.1030(f)(2)(iii)).

The employer keeps the employee's vaccination status in the confidential medical record required by 1910.1030(h)(1).

Learn Laws® is a training company, not a law firm. This FAQ is general information, not legal advice.

References

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We are not a law firm. The information on this website is for informational purposes only and may not be up to date. Always consult a licensed attorney for personalized legal advice.

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