Every time a female menstruates, she is faced with the dilemma of how to dispose of her feminine hygiene product when it is time to change it. Women will use around 12,000 disposable feminine products throughout their lifetime, some of which will be disposed of in public restrooms. A woman’s life doesn’t stop when she is on her period, and the hassle of having to change a feminine product is only made worse by inconvenient and unsanitary disposal methods in public restrooms. There is now a social movement to get rid of the tampon tax because, for women, feminine hygiene products are a necessity. Not only do they need to be used, they also need to be disposed of which can be a messy process that involves blood. 

Currently, the Occupational Health and Safety Association Bloodborne Pathogens (BBP) standard, 29 CFR 1910.1030, as it pertains to occupational exposure during the handling and disposal of feminine hygiene and incontinence products was clarified in 2015 in relation to feminine hygiene products. 

"OSHA stands by its current policy. As you are aware, OSHA has stated in previous letters that the presence of discarded feminine hygiene products in the workplace does not, under normal circumstances, trigger the BBP standard. The intended function of feminine hygiene products is to absorb and contain blood. The absorbent material of which they are composed would be expected to, under most circumstances, prevent the release of liquid or semi-liquid blood or the flaking off of dried blood.

OSHA has stated that for any workers handling a feminine hygiene product, if there is a reasonable likelihood of employee exposure to blood or OPIM, then the employer is required to comply with the BBP standard with respect to the exposed employees. (OSHA Letter of Interpretation to John Sredniwaski, 10/8/1992, available on OSHA's website).

With respect to incontinence products, the BBP standard applies only to blood or "other potentially infectious materials," which do not include urine and feces, so in the absence of visible blood, this standard does not apply to these bodily materials. [29 CFR 1910.1030(a) and (b); 56 FR 64004, 64100 (December 6, 1991)]

As you may know, the U.S. Food and Drug Administration regulates feminine hygiene products as Class II medical devices. One of the criteria for these devices is absorbency. See, e.g., 21 CFR 884.5460 (scented or scented deodorized menstrual tampons); 21 CFR 884.5470 (unscented menstrual tampons); and Guidance for Industry and FDA Staff-Menstrual Tampons and Pads: Information for Premarket Notification Submissions (510(k)s), issued on July 27, 2005, and available at: http://www.fda.gov/medicaldevices/deviceregulationandguidance/guidancedocuments/ucm071781.htm Your concern regarding the absorbency of these devices should be directed to the FDA.

Thank you for your interest in occupational safety and health. We hope you find this information helpful. OSHA requirements are set by statute, standards, and regulations. Our letter of interpretation explains these requirements and how they apply to particular circumstances, but they cannot create additional employer obligations."

Please help tell OSHA that this stance needs to change so that not only can women everywhere can have more comfort and safety during their periods but the cleaning personal can have more protection on the job.