[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.