Disclosure Laws, what’s my liability?
- Under State of California Civil and Real Estate Code Sections, the occupant’s death must be disclosed for periods of three (3) years or less to a purchaser, leaser, or renter of real property. Note, that if a direct question is asked even after the three (3) year disclosure statute has past, that it shall not be construed to immunize an owner of the Real Estate, there Agent, Manager or Property Manager concerning the disclosure of death on the real property.
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Who can legally clean it up?
- Only a licensed company can be paid to provide clean-up services for what is defined as Medical Waste (blood and body fluids) under the Medical Waste Act passed by the State of California: Crime Scene & Fatality Decontamination Company is a full service organization providing for the safe handling, disposal and decontamination of human blood, human fluid, sharps containers, hypodermic waste, chemotherapy drugs, or other residues from a scene of a serious human injury, blood, accident, illness, suicide, crime scene, or natural death (all defined as biohazardous medical waste under State of California laws and regulations). Only a State of California licensed and registered company can provide handling and disposal services without risk of a one thousand ($1000.00) per incident fine. Licensed employees must pass Occupational Safety & Health Training in Blood Borne Pathogens for the handling and disposal. Licensed employers must have an exposure plan established, and active. Both licensed employers and employees must attend regularly scheduled continuing education classes.
Family members are allowed under the law to clean the scene of a serious human injury, blood, accident, illness, suicide, crime scene, or natural death, as long as no family member is paid for the clean-up. The family must dispose of the biohazardous medical waste under State of California laws and regulations properly and not in the facility trash container or dumpster. Our company will consult with the family on how to dispose of the biohazardous medical waste. back to question list
What is my legal liability?
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EXAMPLE: A family moves into a residence where the prior occupant had died. Two (2) months later after speaking to there neighbor, the new residents now claim that they have been getting sick and blame the property owner and manager for not having the residence cleaned properly. A report can be made to the Department of Public Health, an investigation will follow and fines maybe issued.
EXAMPLE: A child playing near a trash container where someone has illegally placed an item contaminated with blood or body fluids (mattress, couch, chair, carpet and padding etc....) and the child's parents claim that the owner of the property knew about the items and did not have them disposed of correctly. A report can be made to the Department of Public Health, an investigation will follow and fines maybe issued.
EXAMPLE: If an employee (maintenance person, janitor, janitorial service, contractor, etc) knowingly or unknowingly punctures, cuts or exposes themselves to an item contaminated with blood or body fluids, such as, (tack strips, sewing needles, safety pens, razors etc....) several agencies may become involved issuing fines and possibly initiating legal action against the employer.
EXAMPLE: If an employee or contractor is disabled due to possible exposure to blood or body fluids and the Workers Compensation Administration becomes involved the employer can be held civilly liable for damages. The Occupational Safety & Health Administration and the State Department of Public Health may also levy large fines against the employer.
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Why worry about correct clean-up?
- Disease is very transmittable, and can mutate. All humans’ fluids are considered Hazardous Medical Waste and must be handled and disposed of correctly.
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Disease Life Spans?
- According to the Centers for Disease Control: Hepatitis A - months, Hepatitis B - 7 to 10 days, Hepatitis C - 4 to 10 days, HIV (AIDES) is short but no exact time limit has been established, Fluids and Virus - no time limit has been established.
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What are the most prevalent Diseases?
- HIV (AIDES), Hepatitis A-B-C, Bacteria, Virus (Streptococcus) and TB (Tuberculosis).
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What to do after you find out that you maybe exposed?
- Wash thoroughly with soap and follow with an Anti Bacterial Wash. Seek treatment immediately with emergency personnel. All organizations must have an exposure plan in place and active.
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What about a resident with a transmittable disease?
- Stay out if possible, enter only with protective clothing. Try and keep family members out until the scene is secure.
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What’s hazardous about Urine or Fecal Matter?
- Contains the same diseases as blood and must be treated as Hazardous Medical Waste.
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What do I do about Medicines and or Needles?
- Do not dump them in the toilet. Gather and give to a pharmacy or ambulance personnel or a licensed company. Medicines and needles are considered Hazardous Medical Waste.
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What about dried Blood or Fluids, can it hurt me?
- Dried fluids are considered Hazardous Medical Waste and can become airborne as dust and should not be inhaled.
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I just heard about TB (Tuberculosis) what is it?
- Tuberculosis is an air borne virus that can be easily transmitted from person to person. Personal Protection Equipment must be worn at all times and disposed of as Hazardous Medical Waste.
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What are the law and State/Federal Fines?
- State Law under the Department of Health Services pursuant of Section 118321 of the Medical Waste Act levies fines starting at ($1,000.00 to $10,000.00) and is a misdemeanor offense per incident. No company other than a Licensed Company with the State of California Department of Health Services can remove, dispose of or decontaminate any area contaminated with Blood, or Body Fluids of any kind.
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When did these laws start?
- The State of California passed the Medical Waste Act approximately three (3) years ago due to concerns for Public Safety and the data indicating that disease transmission has been increasing. The Occupational Safety & Health Administration also has standards in effect for the safe handling and disposal of Blood borne pathogens.
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Who’s responsible for the correct clean-up?
- The Property Owner is always Legally responsible for the correct clean-up. Due to the potential liability, Property Owners or there Representatives should call to have the situation evaluated. If there is a Landlord, Tenant dispute the Landlord has the Legal recourse to hold the Tenant and or the Tenants Estate financially responsible which should be determined by a court of law.
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Who pays for this service?
- Insurance companies, life insurance or family members.
Crime Scene & Fatality Decontamination Company can provide victims and there family members as to where to obtain free financial assistance (amounts can vary) and has applications and consultation services available when our company has been retained.
Crime Scene & Fatality Decontamination Company provides free consultation as to how to deal with insurance claims. back to question list
Other Services:
- Crime Scene & Fatality Decontamination Company can provide Fire, Flood, and Carpet Cleaning Services.
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P.O. Box 3851, Clovis CA 93613
(559) 824-4642 - or e-mail: info@crimesceneandfatalitydecon.com
Federal and State Registered
Pleases contact our office for further information or to schedule a meeting.
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