[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5178 Enrolled Bill (ENR)]

        H.R.5178

                       One Hundred Sixth Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

           Begun and held at the City of Washington on Monday,
             the twenty-fourth day of January, two thousand


                                 An Act


 
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.

    The Congress finds the following:
        (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 Safety and Health 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 
    healthcare 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 healthcare facilities. More than 98 percent 
    of healthcare 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 
    1910.1030(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 annually 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 the 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) at the end of 90 days after such publication, take effect.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.