This document provides background information and summarizes the debate over Preventing Needlestick Injuries. The links to the left will lead you to public documents that we have found.
One of the unfortunate
consequences of the AIDS epidemic is that health workers-those who are working
to treat AIDS patients and those who work in ancillary positions at health facilities-can
become infected with the virus through workplace accidents. The HIV/AIDS virus
is a blood-borne pathogen. Any transfer of blood from an individual who has the
virus to another individual threatens that second person with infection. Infection
is not certain but the recipient of the blood, even a tiny amount of blood, is
at grave risk.
Once the blood connection in AIDS became understood, public health experts began
calling for safer procedures for all who came into contact with those infected.
In health care settings, where blood testing and injections are common, the needles
used in such procedures are highly dangerous. An accident where a health worker
gets stuck with a needle just used on an AIDS patient can, ultimately, turn fatal.
Doctors, nurses, and physician assistants who take blood from patients, quickly
learned to take precautions. Nonetheless, accidents can sometimes happen and a
slip of the hand could have disastrous results. Needle manufacturers began creating
devices that worked without a needle or that featured a needle that automatically
retracted into a safe housing in order to protect health care workers. The devices
were more expensive than traditional needles, however, and many large hospitals
balked at the idea of requiring such devices.
Some interest groups representing health workers like nurses or maintenance workers
began to lobby Congress and the Occupational Safety and Health Administration
(OSHA) for government-mandated measures. In 1991 OSHA implemented a new regulation
designed to protect workers. Preventative measures like latex gloves and thick
receptacles for used needles were implemented, but the discussion of needleless
devices and other devices designed to prevent needle injuries was imprecise and
health care facilities were not actually forced to take serious preventative measures.
Although health care facilities certainly didn't want their workers at risk, some
resented government interference and felt that they knew what were the best procedures
to use. Even after OSHA followed up the regulation with more detailed instructions
on what should be done, critics were not satisfied and the problem was not eliminated.
An effort to persuade Congress to act was initiated in the 106th Congress. With
Republicans firmly in control of the House a bill mandating additional government
regulation appeared to face stiff odds of success. Cass Ballenger, chair of the
Workforce Subcommittee of the House Committee on Education and the Workforce,
was openly hostile to labor unions, one of the chief backers of the proposed legislation.
The Service Employees International Union (SEIU), the nation's largest union of
health workers, made a strategic decision to hire an outside lobbyist, Rich Bond,
who was a well-known and well-connected Republican. Bond met with Ballenger and
other Republicans, and convinced many of them that it was an issue worth considering.
This was not just a "labor" issue, but a public health issue.
Ballenger and his staff worked to fashion a bill that was satisfactory to Republicans.
Saving people from AIDS certainly has political appeal. As one observer noted
during the legislative effort, "It's a very attractive issue. It's about
sex, it's about death, it's about hospitals." In addition, the opposition
to requiring hospitals and large medical offices to use safer devices whenever
practical had been diminished by the passage of legislation that did much the
same thing in several large states. Hospitals and needle manufacturers began to
believe that it would be better to have one unified standard than many disparate
state standards. Legislation was, in fact, passed and President Clinton signed
it into law toward the end of his term.