760-1415 Garbage, Biomedical Waste & Refuse

1. The body art establishment operator(s) shall provide for the adequate, proper and safe disposal of all types of waste products. A properly licensed commercial waste disposal company shall be used for the safe disposal of all types of waste products.

The wording could allow an improper restriction by technicalities for alternative safe disposal methods. The performance-base is the adequate, proper and safe disposal of waste products. The inclusion of licensed commercial waste disposal company may improperly be interpreted to exclude the cost-effective adequate, proper and safe disposal by the several companies that are properly licensed to provide US Post Office Mail-Away Services for small generators of hazardous biomedical waste. Therefore it is sufficient to include the first sentence and delete the second sentence. Economical alternatives must be allowed if they are adequate, proper and safe.

2.  Commercially acceptable sharps container(s) shall be provided for the safe disposal of all needles and other similar body art instruments used for body art procedures. This sharps container shall never be filled past its overflow rim and must be kept properly covered until safely disposed of in a manner approved by the Department which shall mean in conformance with 6 NYCRR Part 364.9.

It is not inappropriate to eliminate the particular instructions, such as never be filled past its overflow rim and must be kept properly covered with performance-oriented wording such as "Shall be used in accordance to the manufacturer's instructions."

Again pops up: in a manner approved by the Department which can easily be dropped since it is no different that 6 NYCRR Part 364.9, whatever that regulation requires.

            3. Storage of biomedical waste on site shall not exceed the period specified by the department, or more than 30 days.

Top be clear, we are talking about sharps disposal, needles with ink, not liquid blood or tissue. The volume is too small for an establishment to be compelled to increase expenses without reasonable evidence that time is a critical factor to becoming a public health threat beyond the mere existence of the presence of the sharps container. The sharps are likely not to exceed a gallon per month.  This too should be performance based.

4. Biomedical waster that may release liquid blood or body fluids when compressed, or that may release dried blood or body fluids when handled shall be placed in a approved "red" bag marked with the international biohazard symbol and disposed of by a biomedical waste transporter. Biomedical waste must be stored and disposed of in a manner approved by the Department, which shall mean in conformance with 6NYCRR Part 364.9.

Fortunately for body arts we never encounter this situation so we wonder why it is included.

These are personal views and opinions of Wes Wood and do not necessarily represent the views and opinions of Unimax Supply Co Inc.
Copyright 2006