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Articles: Sharps Waste Update

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November 4, 2002

There continues to be some uncertainty regarding the proper handling and disposal procedures regarding orthodontic sharps such as orthodontic wires.

In 1997, an orthodontist petitioned the Department of Health Services for waiver of the medical waste generator fee because wires are not included as regulated waste in the state Medical Waste Management Act.

The department agreed and refunded the fee to the orthodontist.

However, the federal OSHA bloodborne pathogens standard includes orthodontic wires in its definition of sharps and because the state regulation must be as effective as the federal standard, Cal/OSHA can not amend its regulation to exclude orthodontic wires.

In sum, orthodontic wires must be placed in sharps containers.

Orthodontic offices that do not generate medical waste as defined by the Medical Waste Management Act may not pay medical waste generator fees.

If you receive an invoice for the medical generator waste fee from the state Department of Health Service, a local enforcement agency, or medical waste hauler (which are authorized to collect the fee), then the office should return the invoice to the respective agency with a letter stating that the orthodontic office does not generate medical waste as defined by the state Medical Waste Management Act.

The Medical Waste Management Act (California Health and Safety Code Sections 117600-118360) defines sharp waste as:

11755. "Sharps waste," means any device having acute rigid corners, edges, or protuberances capable of cutting or piercing, including, bit not limited to, all of the following:

(a) Hypodermic needles, hypodermic needles with syringes, blades, needles with attached tubing, syringes contaminated with biohazardous waste, acupuncture needles, and root canal files.

(b) Broken glass items, such Pasteur pipettes and blood vials contaminated with biohazardous waste.

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