S 3067 IS
106th CONGRESS
2d Session
S. 3067
To require changes in the bloodborne pathogens standard in effect
under the Occupational Safety and Health Act of 1970
IN THE SENATE OF THE UNITED STATES
September 19, 2000
Mr. JEFFORDS (for himself, Mr. ENZI, Mr. KENNEDY, and Mr. REID) introduced
the following bill; which was read twice and referred to the Committee on
Health, Education, Labor, and Pensions
A BILL
To require changes in the bloodborne pathogens standard in effect
under the Occupational Safety and Health Act of 1970
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `Needlestick Safety and Prevention Act'.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Numerous workers who are occupationally exposed to bloodborne
pathogens have contracted fatal and other serious viruses and diseases,
including the human immunodeficiency virus (HIV), hepatitis B, and hepatitis
C from exposure to blood and other potentially infectious materials in their
workplace.
(2) In 1991 the Occupational Safety and Health Administration issued a
standard regulating occupational exposure to bloodborne pathogens, including
the human immunodeficiency virus, (HIV), the hepatitis B virus (HBV), and
the hepatitis C virus (HCV).
(3) Compliance with the bloodborne pathogens standard has significantly
reduced the risk that workers will contract a bloodborne disease in the
course of their work.
(4) Nevertheless, occupational exposure to bloodborne pathogens from
accidental sharps injuries in health care settings continues to be a serious
problem. In March 2000, the Centers for Disease Control and Prevention
estimated that more than 380,000 percutaneous injuries from contaminated
sharps occur annually among health care workers in United States hospital
settings. Estimates for all health care settings are that 600,000 to 800,000
needlestick and other percutaneous injuries occur among health care workers
annually. Such injuries can involve needles or other sharps contaminated
with bloodborne pathogens, such as HIV, HBV, or HCV.
(5) Since publication of the bloodborne pathogens standard in 1991 there
has been a substantial increase in the number and assortment of effective
engineering controls available to employers. There is now a large body of
research and data concerning the effectiveness of newer engineering
controls, including safer medical devices.
(6) 396 interested parties responded to a Request for Information (in
this section referred to as the `RFI') conducted by the Occupational Health
and Safety Administration in 1998 on engineering and work practice controls
used to eliminate or minimize the risk of occupational exposure to
bloodborne pathogens due to percutaneous injuries from contaminated sharps.
Comments were provided by health care facilities, groups representing health
care workers, researchers, educational institutions, professional and
industry associations, and manufacturers of medical devices.
(7) Numerous studies have demonstrated that the use of safer medical
devices, such as needleless systems and sharps with engineered sharps injury
protections, when they are part of an overall bloodborne pathogens
risk-reduction program, can be extremely effective in reducing accidental
sharps injuries.
(8) In March 2000, the Centers for Disease Control and Prevention
estimated that, depending on the type of device used and the procedure
involved, 62 to 88 percent of sharps injuries can potentially be prevented
by the use of safer medical devices.
(9) The OSHA 200 Log, as it is currently maintained, does not
sufficiently reflect injuries that may involve exposure to bloodborne
pathogens in health care facilities. More than 98 percent of health care
facilities responding to the RFI have adopted surveillance systems in
addition to the OSHA 200 Log. Information gathered through these
surveillance systems is commonly used for hazard identification and
evaluation of program and device effectiveness.
(10) Training and education in the use of safer medical devices and
safer work practices are significant elements in the prevention of
percutaneous exposure incidents. Staff involvement in the device selection
and evaluation process is also an important element to achieving a reduction
in sharps injuries, particularly as new safer devices are introduced into
the work setting.
(11) Modification of the bloodborne pathogens standard is appropriate to
set forth in greater detail its requirement that employers identify,
evaluate, and make use of effective safer medical devices.
SEC. 3. BLOODBORNE PATHOGENS STANDARD.
The bloodborne pathogens standard published at 29 CFR 1910.1030 shall be
revised as follows:
(1) The definition of `Engineering Controls' (at 29 CFR 1930.1030(b))
shall include as additional examples of controls the following: `safer
medical devices, such as sharps with engineered sharps injury protections
and needleless systems'.
(2) The term `Sharps with Engineered Sharps Injury Protections' shall be
added to the definitions (at 29 CFR 1910.1030(b)) and defined as `a
nonneedle sharp or a needle device used for withdrawing body fluids,
accessing a vein or artery, or administering medications or other fluids,
with a built-in safety feature or mechanism that effectively reduces the
risk of an exposure incident'.
(3) The term `Needleless Systems' shall be added to the definitions (at
29 CFR 1910.1030(b)) and defined as `a device that does not use needles for
(A) the collection of bodily fluids or withdrawal of body fluids after
initial venous or arterial access is established, (B) the administration of
medication or fluids, or (C) any other procedure involving the potential for
occupational exposure to bloodborne pathogens due to percutaneous injuries
from contaminated sharps'.
(4) In addition to the existing requirements concerning exposure control
plans (29 CFR 1910.1030(c)(1)(iv)), the review and update of such plans
shall be required to also--
(A) `reflect changes in technology that eliminate or reduce exposure
to bloodborne pathogens'; and
(B) `document consideration and implementation of appropriate
commercially available and effective safer medical devices designed to
eliminate or minimize occupational exposure'.
(5) The following additional recordkeeping requirement shall be added to
the bloodborne pathogens standard at 29 CFR 1910.1030(h): `The employer
shall establish and maintain a sharps injury log for the recording of
percutaneous injuries from contaminated sharps. The information in the
sharps injury log shall be recorded and maintained in such manner as to
protect the confidentiality of the injured employee. The sharps injury log
shall contain, at a minimum--
`(A) the type and brand of device involved in the incident,
`(B) the department or work area where the exposure incident occurred,
and
`(C) an explanation of how the incident occurred.'.
The requirement for such sharps injury log shall not apply to any
employer who is not required to maintain a log of occupational injuries and
illnesses under 29 CFR 1904 and the sharps injury log shall be maintained
for the period required by 29 CFR 1904.6.
(6) The following new section shall be added to the bloodborne pathogens
standard: `An employer, who is required to establish an Exposure Control
Plan shall solicit input from non-managerial employees responsible for
direct patient care who are potentially exposed to injuries from
contaminated sharps in the identification, evaluation, and selection of
effective engineering and work practice controls and shall document the
solicitation in the Exposure Control Plan.'.
SEC. 4. EFFECT OF MODIFICATIONS.
The modifications under section 3 shall be in force until superseded in
whole or in part by regulations promulgated by the Secretary of Labor under
section 6(b) of the Occupational Safety and Health Act of 1970 (29 U.S.C.
655(b)) and shall be enforced in the same manner and to the same extent as any
rule or regulation promulgated under section 6(b).
SEC. 5. PROCEDURE AND EFFECTIVE DATE.
(a) PROCEDURE- The modifications of the bloodborne pathogens standard
prescribed by section 3 shall take effect without regard to the procedural
requirements applicable to regulations promulgated under section 6(b) of the
Occupational Safety and Health Act of 1970 (29 U.S.C. 655(b)) or the
procedural requirements of chapter 5 of title 5, United States Code.
(b) EFFECTIVE DATE- The modifications to the bloodborne pathogens standard
required by section 3 shall--
(1) within 6 months of the date of enactment of this Act, be made and
published in the Federal Register by the Secretary of Labor acting through
the Occupational Safety and Health Administration; and
(2) take effect on the date that is 90 days after the date of such
publication.
END