Environment, Great Lakes and Energy - Materials Management Division - Medical Waste

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DEPARTMENT OF ENVIRONMENTAL QUALITY

DRINKING WATER AND RADIOLOGICAL PROTECTION DIVISION

MEDICAL WASTE PRODUCING FACILITIES

(By authority conferred on the department of environmental quality by §2233 and

§13830 of Act No. 368 of the Public Acts of 1978, as amended, being §§333.2233

and 333.13830 of the Michigan Compiled Laws)

R 325.1541 Definitions.

Rule 1. As used in these rules:

(A) "Act" means the medical waste regulatory act, part 138 of Act No.368 of the

Public Acts of 1978, as amended, being §§333.13801 to 333.13831 et seq. of the

Michigan Compiled Laws.

(B) "Categories of medical waste," as defined in §13805(8) of the act, shall be

considered as waste when the items are ready to be disposed. Sharps shall be considered

as a medical waste and disposed of under §13811(d) of the act whether or not they have

become contaminated with an agent infectious to humans.

(C) "Contiguous property" means the same or geographically adjacent property

that may be divided by a public or private right-of-way. Parcels of property connected by

a right-of-way which the property owner controls and to which the public does not have

access shall also be considered as contiguous property.

(D) "Stained with blood or body fluids," as used in §13805(8)(b) of the act, means

the contaminated item cannot release blood or body fluids in a liquid or semiliquid

state when compressed, or caked and dried blood or body fluids are not capable of being

released when handled.

(E) "Syringes," as included in the definition of "sharps" under §13807(7) of the act,

includes all syringes with an attached needle and those parts of a syringe, with or without

an attached needle, that are contaminated with a potentially infectious agent. Needles

shall only be removed from a syringe in accordance with the procedures established by

R 325.70007(2)(e) adopted under section 24 of Act No. 154 of the Public Acts of 1974,

as amended.

History: 2000 AACS.

R 325.1542 Packaging, labeling, storage, and transportation.

Rule 2. (1) In addition to the requirements established in section 13821 of the act,

containers used for packaging, shipping, and transportation of regulated medical waste

shall comply with the requirements of Michigan's motor carrier safety act, Act No.

181 of the Public Acts of 1963, as amended, being §§480.11 to 480.22 of the Michigan

Compiled Laws.

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(2) Identifying labels that are placed on containers containing

decontaminated medical waste mixed with other solid waste, as required in §13809(e)

of the act, shall be a minimum of 1 inch high.

(3) The 90-day period for "storage" of medical waste, as required in §§13809(h)

and 13810(d) of the act, shall begin when use of the storage container is initiated.

(4) When being transported to a sanitary landfill for disposal, packaged medical

waste that is not decontaminated shall not be mixed with non-medical wastes.

History: 2000 AACS.

R 325.1543 Treatment of medical waste.

Rule 3. (1) Blood and blood products and body fluids that are solidified, but not

decontaminated during the solidification process, shall be packaged and disposed of as

medical waste as specified in §§13809, 13811(b), and 13821(b) of the act.

History: 2000 AACS.

R 325.1544 Equipment maintenance; record retention.

Rule 4. (1) Medical waste producing facilities shall perform testing of their

decontamination or sanitization equipment to demonstrate the continued effective

operation of the equipment. Testing frequency and procedures shall be pursuant to the

manufacturer's recommendations or methods and frequencies approved by the

department.

(2) Facilities shall retain and make available testing data and results from the most

recent test performed for inspection by the department.

(3) Testing frequency and procedures shall be contained in the producing facility's

medical waste management plan.

History: 2000 AACS.

R 325.1545 Registration of multiple producing facilities; medical waste

management plan content; registrations for school districts; registration fee.

Rule 5. (1) Multiple producing facilities that are owned by 1 entity and located on

contiguous property that is owned by the same entity, such as college campuses and

large hospital corporations, may register under one registration. The registrant shall

maintain a list of the location of all producing facilities located upon the contiguous

properties and the type of medical waste produced at each respective facility. The

registrant shall maintain the list of producing facilities and their respective types of

medical waste in the registrant's medical waste management plan. Each producing

facility shall have a copy of the medical waste management plan on site.

(2) A school district, private school, or charter school system that generates or

stores medical waste shall register as a medical waste producing facility. The name and

location of all schools producing medical waste within the school district, private

school, or charter school system and the type or types of medical waste produced or

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stored at the respective schools shall be contained in the school district, private school,

or charter school system medical waste management plan. A school district, private

school, or charter school shall maintain a copy of the plan at each school producing

medical waste.

(3) The applicable multiple facility, or school district, private school, or charter

school system registration fee shall be the greater of the fees established in §13813(2)

or §13815 of the act that would apply to any individual facility located on the

contiguous property or school within the school district, private school, or charter school

system if it is registered separately.

History: 2000 AACS.

R 325.1546 Fee payment for producing facilities with expired

registrations; change of ownership.

Rule 6. (1) Registration fee payments received from producing facilities with

expired registrations shall have the fees applied by the department back to the date when

the last registration expired.

(2) If a change in ownership of a producing facility occurs, then the new owner

shall notify the department and register as a new producing facility and pay the

designated fee in accordance with §13813(1) and (2) of the act.

History: 2000 AACS.

R 325.1547 Training requirement; training schedule; record of training.

Rule 7. (1) Each facility that produces medical waste shall provide instruction

in the proper handling of medical waste according to the facility's medical waste

management plan to its employees who generate and/or dispose of medical waste. The

plan shall be in compliance with the requirements prescribed in §13817 of the act.

(2) A facility shall assure that an employee who handles medical waste is trained

before the employee assumes duties that involve the handling of medical waste to

enable the employee to handle and dispose of medical waste in a safe and proper

manner.

(3) A facility shall assure that current employees who handle medical waste are

trained within 90 days after the effective date of these rules. A facility shall assure that a

new employee is trained before assuming duties that involve the handling of medical

waste to enable the employee to handle and dispose of medical waste in a safe and

proper manner. All employees shall receive refresher training when a change in the

producing facility's medical waste management plan occurs that directly affects the

employee's duties.

(4) A facility that produces medical waste shall create and retain a record of the

training of employees who handle medical waste. The record shall include all of the

following information with respect to each employee:

(a) Employee's name.

(b) Job classification.

(c) Dates of training.

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(5) A facility that produces medical waste shall retain its training records for a

minimum period of 3 years.

History: 2000 AACS.

R 325.1548 Remedies and penalties.

Rule 8. A person who violates any of the provisions of these rules shall be subject

to the remedies and penalties under the act.

History: 2000 AACS.

R 325.1549 Contested cases; applicable law.

Rule 9. Administrative procedures in contested cases and judicial review shall be

in accordance with, and subject to, chapters 4, 5, and 6 of Act No. 306 of the Public Acts

of 1969, as amended, being §§24.271 to 24.306 of the Michigan Compiled Laws.

History: 2000 AACS.

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