Exceptions

8 CCR 5193 allows a few exceptions to the requirements for engineered sharp protection:

• A particular engineering control is not required if it is not commercially available.
• If a licensed healthcare professional who is directly involved in a patient's care determines that use of a particular engineering control will jeopardize the patient's health or the outcome of the procedure, that engineering control is not required.
• A particular engineering control is not required if the employer can demonstrate that the control is no safer than an alternative control already in use.
• A particular engineering control is not required if the employer can demonstrate that insufficient or unreliable safety information is available for the control. In this case, the employer must actively evaluate that engineering control to determine whether it will reduce the risk of exposure in the workplace.

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