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 Were You Gassed at Work Today?
Know Your Rights When Exposed to Potentially Infections Blood or Other Fluids
- If you have been gassed and exposed to bloodborne pathogens (HIV or hepatitis A, B, or C) know that every minute counts. Treatments can lessen the rate of seroconversion. Therefore, time is critical. Be aware there is a 2-hour window for treatment to be maximally effective.
- When exposed to potentially infectious blood or fluids, you must immediately seek first aid and clean up wounds. Exposures should be treated as a medical emergency and medical attention should be received within two hours to be maximally effective. The incident should be reported to the supervisor on duty as soon as possible.
- Both the Bargaining Unit Six employee and the institution CMO (all other medical staff are precluded) may determine when it is necessary to begin preventive treatment at the institution rather than at an off-site medical facility. Although CDC must legally offer on-site treatment, Unit Six staff retain the right to seek medical treatment at an off-site medical facility.
- Following an exposure to potentially infectious blood or fluids, Bargaining Unit Six employees have an absolute right to immediately leave the work site to seek medical attention, regardless of the recommendations of the medical staff.
- Unit Six employees who wish to seek off-site medical treatment will not be detained at the institution for any reason, including the completion of incident reports, medical reports, or to receive post exposure counseling.
- Should transportation to the nearest emergency medical facility (per medical staff recommendation or employee request) be necessary, such transportation will take place immediately, regardless of the shift assignment or time of day.
- Any medical follow-up care required by the employee, with the exception of the hepatitis B vaccine series, is the responsibility of the Workers Compensation provider.
- Unit Six employees are not to be tested by institutional staff for "baseline" communicable diseases (i.e. HIV, hepatitis A, B and C). An employee has the option to request testing from an emergency medical facility or health care provider of their choice.
- Unit Six employees have the right within two days of the exposure incident to request the involuntary testing of the inmate for communicable
disease.
- If testing of an inmate is required for the gassing incident, no inmate consent is required. However, all HIV testing, whether consensual or non-consensual, requires adherence to legal guidelines.
- The institution is responsible for submitting a written request no later than two working days after a gassing/aggravated battery incident has occurred to the county district attorney's office for prosecution and HIV testing of the inmate.
- For the purposes of potential criminal prosecution, garments soiled with bodily fluids must be processed using the same procedures required in the collection of evidence. This includes and is not limited to: processing evidence while wearing gloves, in evidence storage designated areas, utilizing drying racks, taking special care not to come into contact with a possible bloodborne pathogen or other hazardous material.
- If you have any questions regarding what to do when exposed to potentially infectious blood and fluids, contact your CCPOA chapter representative or CCPOA headquarters (at 800-821-6443) to be directed to your representative.
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