[Congressional Record Volume 146, Number 121 (Tuesday, October 3, 2000)]
[House]
[Pages H8673-H8680]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
NEEDLESTICK SAFETY AND PREVENTION ACT
Mr. BALLENGER. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 5178) to require changes in the bloodborne pathogens
standard in effect under the Occupational Safety and Health Act of
1970, as amended.
The Clerk read as follows:
H.R. 5178
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
[[Page H8674]]
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 C.F.R.
1910.1030 shall be revised as follows:
(1) The definition of ``Engineering Controls'' (at 29
C.F.R. 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 C.F.R.
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 C.F.R. 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 C.F.R. 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
C.F.R. 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 C.F.R. 1904 and
the sharps injury log shall be maintained for the period
required by 29 C.F.R. 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) at the end of 90 days after such publication, take
effect.
The SPEAKER pro tempore (Mr. Rogan). Pursuant to the rule, the
gentleman from North Carolina (Mr. Ballenger) and the gentleman from
New York (Mr. Owens) each will control 20 minutes.
The Chair recognizes the gentleman from North Carolina (Mr.
Ballenger).
General Leave
Mr. BALLENGER. Mr. Speaker, I ask unanimous consent that all Members
may have 5 legislative days within which to revise and extend their
remarks on H.R. 5178.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from North Carolina?
There was no objection.
(Mr. BALLENGER asked and was given permission to revise and extend
his remarks.)
Mr. BALLENGER. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, I am pleased to have the opportunity today to talk about
H.R. 5178, the Needlestick Safety and Prevention Act, a bill that I
introduced last week.
A tremendous amount of bipartisan discussion and effort has gone into
this bill. Since its introduction last month, many Members, from both
sides of the aisle, have joined as cosponsors, including many members
of our full committee. I am especially pleased to have worked with my
colleague from the Subcommittee on Workforce Protection, the gentleman
from New York (Mr. Owens), on this bill, and thank him for his support
and sponsorship.
This bill represents the consensus agreement of many groups, from
hospitals to nurses to health care workers to industry. I know there
are compromises that have gone into this effort. I want to commend all
those who have been involved in this work and who helped bring us here
today.
I want to thank the gentleman from Pennsylvania (Chairman Goodling)
for his support of this bill, and also take another opportunity to
acknowledge his distinguished service as chairman of our committee and
for his leadership on so many workforce issues.
I also want to acknowledge my colleagues from the other body,
Senators Jeffords, Enzi, Kennedy and Reid, for their work on this
important workplace safety issue. On matters related to the
Occupational Safety and Health Administration, it is not often that I
find myself in such company. However, as we have all learned of the
important basic public health issue at the heart of this bill, it was
apparent the opportunity to work together and advance this legislation
was at hand.
This legislation is the product of a hearing held this past June by
the Subcommittee on Workforce Protection on the public health concern
about accidental needlestick injuries to health care workers. Even more
than that, this legislation will help to ensure that our Nation's
nearly 8 million health care workers will not have to risk their own
health, and perhaps their own lives, when providing care for all of us.
Our knowledge about needlestick and other ``sharps'' injuries and
what can be done about them has greatly increased over the past decade.
One estimate is that more than 600,000 needlestick and other sharps
injuries occur in health care settings in the United States each year.
The very consequences of such injuries to health care workers can mean
exposure to serious viruses and diseases, including the HIV virus,
hepatitis B and hepatitis C.
At the same time as our knowledge about the risks and consequences of
needlestick injuries has increased, the technology of devices used in
health care settings which can protect against these injuries has also
advanced. Today, our knowledge about the effectiveness of such ``safer
medical devices'' such as needleless systems, is also better known.
H.R. 5178 will assure that safer medical devices will be used, and the
lives of health care workers will be made better for it.
H.R. 5178 builds on the work of an OSHA guidance document, a
compliance directive, issued last fall. Quite simply, H.R. 5178 amends
the OSHA Bloodborne Pathogens Standard. It makes clear in the standard
itself the direction already provided by OSHA in its compliance
directive, that is, that employers who have employees with occupational
exposure to bloodborne pathogens must consider, and where
[[Page H8675]]
appropriate, use effective engineering controls, including safer
medical devices, in order to reduce the risk of injury from
needlesticks and from other sharp medical instruments. This legislation
requires employers to use safer medical devices only where the devices
are appropriate, commercially available, and effective at reducing or
eliminating sharps injuries.
Under no circumstances, either through this legislation or through
the underlying Bloodborne Pathogen Standard, are employers required to
use a safer medical device or engineering control where such a device
jeopardizes a patient's safety and an employee's safety, or where such
a device is medically contraindicated. All affirmative defenses are
available to an employer and are kept intact in this legislation.
H.R. 5178 amends the OSHA standard in two additional ways. First, in
considering and selecting safer medical devices, employers would be
required to solicit input from the frontline health care workers who
would actually use the devices. Testimony at our hearing in June
indicated the importance of this requirement. Because there are so many
new devices on the market and because each health care setting is
different, careful evaluation of devices by the professionals who will
use them is necessary to know what works and what does not in
particular settings.
Second, this legislation requires employers to maintain a sharps
injury log. Now, I am certainly not one to favor increased paperwork
for employers. In this situation, however, I understand the importance
of such a law as a tool to track high-risk areas for injury and also as
a means to evaluate the effectiveness of particular devices. This
legislation ensures that such a log will protect the confidentiality of
the insured employee.
While it does all that, this legislation also provides employers with
the needed flexibility to determine the best technology to use in
particular circumstances. It is careful not to favor the use of a
specific device. In fact, this legislation is crafted not to impede,
but to encourage, technological development by encouraging the use of
new technologies. It is left to the employer to evaluate the
effectiveness of these available devices, and I would like to emphasize
this to any Senator who may be listening to this: it is careful not to
favor the use of a specific device. In fact, this legislation is
crafted not to impede, but to encourage technological development, by
encouraging the use of new technologies; and it is left to the employer
to evaluate the effectiveness of the available devices.
H.R. 5178 will help resolve an important public health worker safety
issue.
Mr. Speaker, this legislation has broad-based support from both
employer and employee communities. The American Hospital Association;
the American Nurses Association; Premier, the leading group health
purchasing organization; the Service Employees International Union;
AFSCME; the American Federation of Teachers; the Firefighters; and many
manufacturers, are all supporters. And it certainly has the support of
one nurse from Massachusetts, Karen Daley, who told us at our hearing
in June of her personal experience with a needlestick injury and who so
generously asked that we take this action; not to help her, for it was
too late, but to make a difference in working lives of the Nation's
nearly 8 million health care workers.
Mr. Speaker, at this time I am offering a substitute to the version
of H.R. 5178 that passed the Subcommittee on Workforce Protection. This
substitute makes a technical correction to clarify that the
documentation of the consideration and implementation of safer medical
devices is to be done annually.
Along with my distinguished colleague, the gentleman from New York
(Mr. Owens), I am offering a joint statement of legislative intent.
I would like to go out of my way now to thank Vickie Lipnic and Greg
Maurer for the time and effort in resolving the many problems that
arose in this effort. I want to thank all of my colleagues who have
joined together in bringing this issue forward, and I urge its support
in the full House.
Mr. Speaker, I include for the Record the joint statement of
legislative intent on H.R. 5178.
H.R. 5178--Needlestick Safety and Prevention Act: Joint Statement of
Legislative Intent on Substitute by Hon. Cass Ballenger of North
Carolina and Hon. Major Owens of New York in the House of
Representatives, Tuesday, October 3, 2000
Mr. Speaker, I am joined today by the ranking member of the
Subcommittee on Workforce Protections of the Committee on
Education and the Workforce, the Honorable Major Owens, in
discussing the Needlestick Safety and Prevention Act. I am
pleased to offer this bipartisan legislation which addresses
an important public health issue confronting our nation's
health care workers.
At this time, pending is a substitute to the version of
H.R. 5178 which passed the Workforce Protections
Subcommittee. I am pleased to be joined by Mr. Owens in
offering the substitute. What follows is both the text of the
substitute to H.R. 5178 and a statement of legislative intent
which I offer on behalf of myself and Mr. Owens.
joint statement of legislative intent on substitute to h.r. 5178
This legislation follows a hearing held by the Workforce
Protections Subcommittee in late June of this year. The
legislation derives from the convergence of two critical
circumstances which have a profound effect on the safety of
health care workers in the United States.
The first circumstance is the increased concern over
accidental needlestick injuries suffered by health care
workers each year in health care settings. ``Needlesticks''
is a term used broadly, as health care workers can suffer
injuries from a broad array of ``sharps'' used in health care
settings, from needles to IV catheters to lancets. The second
circumstance is the technological advancements made over the
past decade in the many types of ``safer medical devices''
that can be used in health care settings to help protect
health care workers against sharps injuries. Because of the
convergence of these two circumstances--and because of
increasing concern over the public health issue related to
the spread of hepatitis C, it is appropriate to take this
action at this time.
Section 1 of the Bill provides the title the ``Needlestick
Safety and Prevention Act.'' Section 2 of the bill provides
the Congressional findings.
Section 3 of the bill directly modifies the Bloodborne
Pathogens Standard, 29 C.F.R. 1910.1030, one of the health
and safety standards promulgated by the Department of Labor's
Occupational Safety and Health Administration (OSHA). The
legislation builds on the most recent action taken by OSHA
related to the Bloodborne Pathogens Standard--the revision in
November 1999 to OSHA's Compliance Directive on Enforcement
Procedures for the Occupational Exposure to Bloodborne
Pathogens (``Compliance Directive'').
In modifying the Bloodborne Pathogens Standard (``BBP
standard'') this bill makes narrowly-tailored changes to the
BBP standard. It makes clear in the BBP standard the
direction already provided by OSHA in its Compliance
Directive: namely, that employers who have employees with
occupational exposure to bloodborne pathogens must consider
and, where appropriate, use effective engineering controls,
including safer medical devices, in order to reduce the risk
of injury from needlesticks and from other sharp medical
instruments (``sharps'').
The bill accomplishes this in several ways. First, the BBP
standard is modified so that the definition of ``engineering
controls'' at 29 C.F.R. 1910.1030(b) includes as additional
examples of such controls, ``safer medical devices, such as
sharps with engineering sharps injury protections and
needleless systems.'' Following that step, the BBP standard
is amended so that both ``sharps with engineered sharps
injury protections'' and ``needleless systems'' are added to
the definitions of the standard.
While sharps with engineered sharps injury protections and
needleless systems are examples of safer medical devices, it
is not the intent of this legislation to limit engineering
controls or, for that matter, safer medical devices, to the
examples cited in this legislation. Nor should the citing of
these examples be considered an endorsement or preference of
a specific product or assurance of a specific product's
effectiveness.
Rather, it is the intent of this legislation to reflect
innovation and evolving technology in the marketplace. It is
also the intent of this legislation that any devices that
have been considered or determined to be engineering controls
by OSHA shall continue to be considered as such. This
legislation anticipates that hospitals and other
employers, in crafting their Exposure Control Plans, will
adopt procedures and use devices that have been proven to
reduce the risk of needlestick injuries.
Employers use their Exposure Control Plans to evaluate
appropriate practices and devices for reducing occupational
exposure. To focus attention on the need for employees to
look at changes in technology, this legislation further
modifies the BBP standard by adding to the existing
requirements concerning Exposure Control Plans at 29 C.F.R.
1910.1030(c)(1)(iv). Through these modifications, employers
will be required to demonstrate in the review and update of
their Exposure Control Plans that their Exposure Control
Plans reflect changes in technology and also that they
document annually the consideration and implementation of
appropriate, commercially available and effective safer
medical devices. The clarification that documentation of such
devices is to be done
[[Page H8676]]
``annually'' is the only difference between the substitute
bill described here and the bill as reported by the
Subcommittee on Workforce Protections.
It is through an employers' Exposure Control Plan that
engineering controls and safer devices are considered and
deployed in the workplace. To the extent that specific types
of devices, such as catheter securement devices or needle
destruction devices can reduce the risk of needlestick
injuries, such devices could be appropriate components of an
employer's comprehensive exposure control plan. Nevertheless,
it is impossible for this legislation to recommend any one
type of engineering control. Perhaps better stated it is not
the intent of this legislation to disturb the underlying
flexible, performance-oriented nature of the Bloodborne
Pathogens Standard, whereby the employer must evaluate the
circumstances of the workplace and assess what is effective
and what is not in that particular work setting.
It is important to note also that the requirement in this
legislation for the consideration and implementation of safer
medical devices is hinged upon the ``appropriateness'' and
the ``commercial availability'' of such devices. Finally,
while this may be stating the obvious, it is not the intent
of this legislation, nor for that matter of the current
Bloodborne Pathogens Standard, for employers to implement use
of any engineering control, including a safer medical device,
in any situation where it may jeopardize a patient's safety,
an employee's safety or where it may be medically
contraindicated. We do not expect an OSHA inspector to
substitute his judgment for that of the professional clinical
and medical judgment of health care professionals responsible
for patient safety. Moreover, all of the affirmative defenses
available to an employer under the current Bloodborne
Pathogens Standard remain intact with this legislation.
Section 3 of the bill amends the BBP standard in two
additional ways. First, it adds a requirement that in
addition to the recordkeeping requirements already found in
the BBP standard, employers must record percutaneous injuries
from contaminated sharps in a sharps injury log. The
legislation sets out the minimum information to be included
in such a log, namely the type of device used, an explanation
of the incident, and where the injury occurred. Employers are
free to include other information should they find
it helpful. However, this legislation does require that in
recording the information and maintaining the log, the
confidentiality of the injured employee is to be
protected.
The requirement for a sharps injury log is consistent with
current OSHA recordkeeping in two specific ways. First, the
sharps injury log requirement does not apply to any employer
who is not already required to maintain a log of occupational
injuries and illnesses under 29 C.F.R. 1904. Second,
employers are not required to maintain the logs for a period
of time beyond that currently required for the OSHA 200 logs.
It is the sole intent of the sharps injury log requirement
that it be used as a tool only for employers so that they may
determine their high risk areas for sharps injuries and use
it as a means to evaluate particular devices that may or may
not be effective in reducing sharps injuries. At a
Subcommittee on Workforce Protection hearings in June,
representatives of the American Hospital Association
testified that many health care settings, particularly
hospitals, already have in place some type of ``surveillance
system'' for tracking needlestick and other sharps injuries.
The AHA witness noted that hospitals have found this to be an
effective tool to provide necessary information to help
reduce such injuries.
The second way in which Section 3 amends the BBP standard
is by specifying that employers must 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. Employers are also to
document this in the Exposure Control Plans. The intent of
this section is simple--to involve those workers who will
actually be using the new devices in their selection. It is
not the intent of this legislation to force a particular
technology on employers or employees without some careful
consideration and evaluation of the technology's
effectiveness.
Section 4 of the legislation explains that the
modifications as delineated by Section 3 of the bill can be
changed by a future rulemaking by OSHA on the Bloodborne
Pathogens Standards.
Finally, Section 5 of the bill directs that the
modifications to the BBP standards are to be made without
regard to the standard OSHA rulemaking requirements or the
requirements of the Administrative Procedures Act.
Admittedly, preemption of the OSHA rulemaking procedures is
not an action to be undertaken lightly. Indeed, the
requirements of this bill are driven by the unique
circumstances surrounding this narrow and particular public
health issue. Although there is no such thing as binding
precedent for Congress, it is not the intent of this
legislation, through the process used here, to diminish the
carefully constructed requirements and procedures for OSHA
rulemaking.
The legislation does prescribe, however, that the changes
to the BBP standard are to be made by the Secretary of Labor
and published in the Federal Register within six months of
enactment and that the changes will take effect 90 days after
such publication.
Mr. OWENS. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, it is not exaggerating to say this is legislation that
will save lives. I rise in support of H.R. 5178. This legislation will
significantly improve the health and safety of health care workers by
reducing accidental needlesticks and other sharps injuries.
It is estimated that there are between 600,000 and 800,000 incidences
of accidental needlestick injuries among health care workers every
year. As a direct result, more than 1,000 of these workers will
contract a serious potentially life-threatening disease such as HIV or
hepatitis C. Studies have shown that as many as 80 percent of these
accidental needlesticks can be avoided through the use of available
safer medical devices.
The Occupational Safety and Health Administration, OSHA, has already
taken action to reduce accidental needlestick injuries. In November
1999, OSHA issued a revised compliance directive on enforcement
procedures for occupational exposure to bloodborne pathogens. The
principal purpose of the new directive is to emphasize the requirement
that health care employers identify, evaluate, and make use of
effective, safer medical devices. H.R. 5178 builds upon OSHA's efforts.
Specifically, H.R. 5178 amends OSHA's 1991 Bloodborne Pathogen
Standard to clarify and reiterate the requirement to use ``appropriate
commercially available and effective safer medical devices designed to
eliminate or minimize occupational exposure to bloodborne pathogens.''
H.R. 5178 provides definitions of ``engineering controls,'' ``sharps
with engineered sharps injury protections,'' and ``needleless systems''
in order to provide greater clarity of the requirements of the
standard.
The legislation ensures that employers regularly monitor and assess
the development of appropriate commercially available and effective
safer medical devices. It ensures that health care workers who must use
the equipment will have a voice in its selection and will be properly
trained in its use. Finally, the legislation promotes greater awareness
and more active vigilance through the use of a sharps injury log.
The primary intent of H.R. 5178 is to protect the safety and health
of health care workers. One of the principal ways the legislation
accomplishes this is by encouraging the development of safer medical
devices. Under the bill, it is the responsibility of health care
employers, in consultation with their workers and subject to oversight
by OSHA, to determine for themselves what are the safest devices on the
market that meet their individual needs.
As newer safer devices come to the market, employers are required to
consider and implement appropriate and effective safer medical devices.
Since the bill anticipates and encourages technological development,
the bill intentionally does not define any specific medical device as a
safer medical device per se. To do so would be self-defeating.
While reinforcing the requirement that safer medical devices be used
where they are commercially available, this legislation does not
mandate the use of engineered controls where such controls are not
commercially available. Neither this legislation, nor the underlying
standard it amends, requires anyone to use any engineering control,
including a safer medical device, where such use may jeopardize a
patient's safety, an employee's safety, or where it may be medically
contraindicated.
This legislation leaves intact all of the affirmative defenses
available to employers related to the use of engineered controls under
the Bloodborne Pathogen Standard.
Mr. Speaker, this is good legislation. This is life-saving
legislation. It is supported by health care employers, including the
American Hospital Association and Kaiser Permanente. It is supported by
medical equipment manufacturers, including Becton-Dickinson and
Retractable Technologies, Inc.; and it is supported by the unions that
represent health care workers, including the American Nurses
Association, the Service Employees, AFSCME, AFT, AFGE, and the
Firefighters.
I commend the gentleman from North Carolina (Chairman Ballenger)
[[Page H8677]]
for his leadership on this issue, and I urge my colleagues to support
H.R. 5178.
Mr. Speaker, I reserve the balance of my time.
Mr. BALLENGER. Mr. Speaker, I yield 3 minutes to the gentleman from
Pennsylvania (Mr. Goodling).
(Mr. GOODLING asked and was given permission to revise and extend his
remarks.)
Mr. GOODLING. Mr. Speaker, I want to encourage everyone to vote for
that legislation, but particularly I want to thank our subcommittee
Chair, the gentleman from North Carolina (Mr. Ballenger), because if I
were a betting person several months ago and they said this legislation
was going to come to the floor of the House, I would have said I doubt
that.
{time} 1615
I did not think you could get the employees and the employers
together on the issue, but the gentleman from North Carolina (Chairman
Ballenger) and his cunning ways overwhelmed them and brought that
about, and what that means is an awful lot of people will not risk the
danger of some horrible disease, and not only that, the expense of
trying to prevent that disease from happening after the needlestick.
Again, I compliment the gentleman from North Carolina (Mr.
Ballenger), our subcommittee chair, the gentleman has done an
outstanding job.
Mr. Speaker, I rise in support of H.R. 5178, the Needlestick Safety
and Prevention Act. I want to congratulate Congressman Ballenger for
his leadership in forging a consensus between the employer and the
employee communities on this once contentious issue. Congressman
Ballenger's work on this issue is indicative of his excellent service
as Chairman of the Subcommittee on Workforce Protections for the past
six years.
More than 600,000 times a year, healthcare workers are accidentally
stuck by needles and other devices in the course of their work. With
every accidental needlestick, health care workers risk contracting
fatal diseases such as AIDs and Hepatitis C. H.R. 5178 will help
prevent many of these accidental needlesticks.
Even in the fortunate majority of these cases when no diseases are
transmitted, employers incur thousands of dollars in expenses for blood
tests and preventative medications.
Fortunately, rapidly improving technology offers workers and
employers safer medical devices that reduce the risk of needlestick
injuries. H.R. 5178 requires employers to consider using safer medical
devices. When such devices are appropriate, commercially available and
effective, employers must implement safer devices in the workplace.
H.R. 5178's flexible approach to safer medical devices puts the
decision-making in the hands of employers rather than distant
Washington bureaucrats.
Employers, with input from frontline health care employees, have the
flexibility and the responsibility to choose practices and devices that
will help protect their workers in their workplaces.
By embracing a flexible, decentralized solution, H.R. 5178 enables
employer and employee representatives to unite behind legislation that
will help make work safer for health care workers. As a result, both
the American Hospital Association and the American Nurses Association
have enthusiastically endorsed H.R. 5178. I encourage my colleagues to
vote for H.R. 5178.
Mr. OWENS. Mr. Speaker, I yield such time as she may consume to the
gentlewoman from New York (Mrs. McCarthy).
Mrs. McCARTHY of New York. Mr. Speaker, before I make my remarks on
this legislation, I also would like to compliment the gentleman from
North Carolina (Chairman Ballenger) for the work and how swiftly we
have gotten this through the committee, and I appreciate that. I thank
my colleague from New York (Mr. Owens) again for his work to protect
our health care workers, that is what it comes down to.
Mr. Speaker, I have spent over 30 years of nursing before I came
here; and I certainly can tell my colleagues how many times I have
gotten stuck with a needle. And I was probably very lucky, because many
years ago, we did not face the diseases that we are facing today.
Today, we are facing TB, Hepatitis B, Hepatitis C, HIV, AIDS, and these
are the things we have to be concerned about. What people have to
realize, it is not that nurses or health care workers are not being
careful; but when we are dealing with life-threatening situations of
taking care of a patient, we are concerned about giving the patient
certainly the medications they need fast, starting IVs and everything
else goes out of their minds.
This legislation is going to protect health care workers across this
Nation. We heard that 600,000 to 800,000 healthcare workers are stuck
every single year. We know that when a health care worker is stuck,
they have to go down for a test. They have to be followed through. It
can cost, for each person that is stuck, $3,000. We are not even
talking about those that, unfortunately, do get fatal diseases from
these injuries.
Mr. Speaker, I commend certainly the committee and the hard work that
has been done on this and how fast it has gone, because now we know we
have legislation that is out there that is going to protect our health
care workers, and more than that, this is legislation that can save
lives.
I am very proud to be here to encourage all of my colleagues, all of
my colleagues to support this overwhelmingly. This is good legislation,
and it should pass unanimously. I thank all my colleagues for their
work.
Mr. BALLENGER. Mr. Speaker, I yield 2\1/2\ minutes to the gentlewoman
from New Jersey (Mrs. Roukema).
Mrs. ROUKEMA. Mr. Speaker, I certainly thank the gentleman from North
Carolina (Mr. Ballenger), our subcommittee chairman, but I think we are
here today to say in a very real and definite and substantial way that
Congress, when it sets public policy, it should put health and safety
first. And as such, the safety of our health care workers and their
patients are of paramount concern in this legislation.
I will tell my colleagues, we have safer medical devices that are
being added to OSHA, as we amend OSHA in this legislation today, but in
addition, employers are required to consider and implement the use of
such safe medical devices in their facilities. It is certainly because
of the leadership of the gentleman from North Carolina (Mr. Ballenger),
the gentleman from New York (Mr. Owens), and the gentleman from
Pennsylvania (Chairman Goodling) on this subject. It was mentioned
earlier nobody thought we could get this kind of a compromise in this
kind of a leadership in such a short period of time.
Mr. Speaker, I will not go into all the statistics that have already
been noted here today, but they are alarming statistics about the
health and the safety, not only of the workers, but also the spread of
terrible diseases, because of the breakdown of these safety devices, to
the patients in our hospitals.
These numbers are alarming as they have already been stated, but
especially alarming since we already know that the technology exists
that could prevent these injuries and this spread of infection.
The least we can do is see that the medical professionals have the
latest in safety precautions available to them. We cannot prevent all
the hospitals and doctor office accidents, but certainly we can with
today's safety needles provide the lifesaving support for those that
need it.
I would like to point out, too, that while the statistics are
alarming, I must also say that we should put health and safety first,
not only health and safety first, but the bottom line, we are saving
money.
Mr. Speaker, I do want to finally commend again the gentleman from
North Carolina (Mr. Ballenger) and the gentleman from New York (Mr.
Owens) for their leadership, but also we must remember the forward
thinking companies like Becton-Dickinson in Bergen County, New Jersey
for their contribution to the development of these safe technologies.
Mr. Speaker I rise in strong support of H.R. 5178, the Needlestick
Safety and Prevention Act. When we in Congress set public policy, we
must always put health and safety first. As such, the safety of health
care workers and their patients are of a paramount concern.
H.R. 5178, the Needlestick Safety and Prevention Act, takes an
important step in helping to reduce the risks of occupational exposure
to bloodborne pathogens. The bill requires the Occupational Safety and
Health Administrative (OSHA) to amend the Bloodborne Pathogens Standard
to include the definition of ``safer medical devices.'' In addition,
employers are required to consider and implement the use of such safer
medical devices in their facilities. I would like to thank
[[Page H8678]]
Mr. Ballenger and Mr. Owens and Committee Chairman Goodling for leading
the charge to bring this bipartisan legislation to the floor.
It is currently estimated that there are between 800,000 and 1
million needlesticks and other sharps injuries to healthcare workers in
the United states each year. An average hospital incurs approximately
30 worker needlestick injuries per 100 beds per year. These numbers are
alarming, especially since the technology exists to prevent these
injuries.
Many of these accidents are instant tragedies, infecting dedicated
medical workers with blood-borne diseases, sometimes even the incurable
AIDS virus. And ALL of these needlesticks leave the victim frightened
of the consequences until a blood test can be done to determine whether
they have been infected.
The least we can do is see that medical professionals have the latest
in safety precautions available to them. We cannot prevent all hospital
and doctor's office accidents, but we should prevent those we can.
Today's safety needles are lifesavers for those trying to save lives.
We need to encourage the use of safe needles and devices to improve
healthcare worker safety in the workplace.
Numerous studies have demonstrated that the use of safe-needle
devices, when they are part of an ``overall'' bloodborne pathogens
risk-reduction program, are extremely effective in reducing accidental
needlesticks. In fact, the Centers for Disease Control and Prevention
estimates that 76 percent of needlestick injuries could be eliminated
immediately if health care institutions switched to safe needles and
similar devices. We should be doing everything possible to encourage
the use of safe technology.
Not only does the use of safe technology save lives--it also saves
money. For example, it is estimated that for a 300 bed hospital to
convert to safe technology, it would cost $70,000 a year. When you
compare that amount to the estimated $500,000 in testing and drug
regimens for just one needlestick injury, it becomes clear--needlestick
prevention makes practical and fiscal sense. And this does not begin to
include the emotional toll of the injured worker or the countless
lawsuits filed.
The use of safe technology should be viewed as an insurance policy:
an insurance policy for workers and patients and an insurance policy
for hospitals.
Mr. Speaker, I commend Mr. Ballenger and Mr. Owens for their
leadership on this important issue. I also would like to commend
forward-thinking companies like Becton-Dickinson of Bergen County, New
Jersey, for their contribution to the development of this safe
technology.
I strongly urge my colleagues to vote in favor of this important
legislation.
Mr. OWENS. Mr. Speaker, I yield such time as he may consume to the
gentleman from New Jersey (Mr. Andrews).
(Mr. ANDREWS asked and was given permission to revise and extend his
remarks.)
Mr. ANDREWS. Mr. Speaker, I thank my friend, the gentleman from New
York (Mr. Owens), for yielding me the time.
Mr. Speaker, I rise in support of this legislation. I want to
congratulate the gentleman from North Carolina (Mr. Ballenger) and the
gentleman from New York (Mr. Owens), my friend, for their intelligence
in bringing this to the floor.
There are a lot of competing interests in this legislation, union and
management, health care providers and product providers, and it was a
substantial task to bring all of those parties together. The gentleman
from North Carolina (Mr. Ballenger) and the gentleman from New York
(Mr. Owens) took the lead in doing that, and I thank them and commend
them for it.
The gentleman from New York (Mr. Owens) said in his remarks that it
is not an overstatement to say that this legislation will save peoples'
lives; he is right. There are instances where people are injured and
sometimes fatally injured as a result of injuries on the job that will
be prevented as a result of passing this legislation.
This is what we are here to do, to bring the two parties together and
both sides of the bargaining table to make this happen. I know the
gentleman from New York (Mr. Owens) in particular has been tenacious in
pursuing this legislation for many numbers of years, and on behalf of
my constituents, I thank him for it.
I also thank the gentleman from Pennsylvania (Mr. Goodling) and the
gentleman from Missouri (Mr. Clay) for their leadership of the full
committee in bringing us here.
I first heard about this legislation when members of the health care
team, nurses, mainly, at the Camden County Health Services Center in my
district visited me in my office here, they are members of the AFSCME
union, and they had called it to the attention of their employer to
voluntarily adopt a standard like this, which the employer, to its
credit, did. That was then followed up here at the national level by
any number of groups and interests to make sure that we could codify
this effort by OSHA to balance the concerns of union and management, to
balance all concerns and to write a good bill. I believe that we have
done that.
I also appreciate the way that this bill incorporates technological
changes and does not wed itself to any particular technology. I applaud
that, because I believe that it will permit the development and
evolution of even greater technologies as time goes by.
Mr. Speaker, I also applaud the fact that the bill reflects my own
understanding that a device that does not use needles for the
securement of devices for administration of medication or fluids and
thereby diminishes or eliminates exposure to bloodborne pathogens
clearly falls within the definition of a device that does not use
needles for any other procedure involving the potential for
occupational exposure to bloodborne pathogens due to the injuries from
contaminated sharps.
I think I followed that, not being a medical professional. In other
words, that OSHA can find the very best technology available in any
given time in the future to protect workers, that is what we are here
to do.
Mr. Speaker, I again thank the gentleman from North Carolina (Mr.
Ballenger) and the gentleman from New York (Mr. Owens). I rise in
enthusiastic support of the legislation and urge its unanimous
approval.
Mr. BALLENGER. Mr. Speaker, I yield 2 minutes to the gentleman from
Nebraska (Mr. Barrett).
Mr. BARRETT of Nebraska. Mr. Speaker, I thank the gentleman from
North Carolina (Mr. Ballenger) for yielding me this time, and I
compliment him as well, the job that he did in bringing this bill to
the floor.
And I certainly am pleased to join with my colleagues in total
support of H.R. 5178, the Needlestick Safety and Prevention Act. I
think this is one of the major public health issues facing the health
care community today, and I think it certainly deserves the attention
of the Congress.
According to the Department of Labor, as has already been mentioned,
there are an estimated 800,000 needlestick injuries which occur in the
United States each year, and this puts thousands of health care workers
including nurses and doctors and CNAs and even custodians at the risk
of accidental exposure to more than 20 pathogens, including HIV and
Hepatitis B and C. In addition to protecting health care workers,
Congress should be concerned about protecting every patient admitted to
a hospital or treated at a clinic, because patients are also at risk of
an accidental needlestick injury.
A very crucial component of the comprehensive prevention program is
the use of the so-called safe needles. These are needles designed to
retract into the body of the syringe once it is used so it can then be
disposed of with a much lower chance of an accidental needlestick. A
company in my district, Becton-Dickinson is a leading manufacturer of
these devices, and I am pleased that a company with Nebraska ties can
play a role in addressing this very important public health concern.
For the safety of health care workers and patients, this very
important public health issue should not be overlooked. And I certainly
extend my full support to the bill and urge its passage.
Mr. OWENS. Mr. Speaker, I yield such time as he may consume to the
gentleman from California (Mr. Thompson).
(Mr. THOMPSON of California asked and was given permission to revise
and extend his remarks.)
Mr. THOMPSON of California. Mr. Speaker, I rise in strong support of
this
[[Page H8679]]
measure. I would like to thank the gentleman from North Carolina (Mr.
Ballenger) and the gentleman from New York (Mr. Owens) for bringing
this important bill to the floor today for this vote.
H.R. 5178 is an important bill that I believe will truly make a
difference in the lives of health care workers, patients and the
families of both throughout this Nation. As was pointed out earlier,
there is an estimated 800,000 needlesticks per year across this
country. The potential for needlesticks put health care workers and
patients at risk of contracting diseases, like Hepatitis C and B and
HIV.
In California, the results of legislation that I authored when in the
State Senate found that most needlesticks could be prevented by using
better designed safer needles and following stricter disposal
protocols.
This bill and these findings helped to lead to a 1998 mandate for
safer needles in California. In addition to saving lives, it is
estimated that in California, we will save over $100 million per year
as a result of these safer needles. The savings are calculated by using
the costs of disability payments, testing and treatment, lost wages,
and liability costs.
H.R. 5178 will require the use of safer needles, require more
consistent documentation of needlestick injuries, and it establishes
the stronger Federal uniform standard for the disposal and the usage of
needles. It will save lives. It will save money, and it deserves the
support of every Member of Congress.
Mr. BALLENGER. Mr. Speaker, I yield 2 minutes to the gentleman from
Ohio (Mr. LaTourette).
(Mr. LaTOURETTE asked and was given permission to revise and extend
his remarks.)
Mr. LaTOURETTE. Mr. Speaker, I want to commend the gentleman from
North Carolina (Mr. Ballenger) for this bill, H.R. 5178, and commend
him for his hard work in bringing it to the floor today.
I also want to thank the gentleman from New York (Mr. Owens). I share
their commitment to reducing the risk of exposure from men and women
whose occupation places them in close proximity to bloodborne pathogens
in the workplace.
{time} 1630
H.R. 5178 amends the OSHA standards on blood-borne pathogens to
include the definition of safer medical devices. I especially want to
thank both gentlemen today for including that in their manager's
statement of legislative intent, clarifying that it is not the intent
of the legislation to limit in any way any engineering controls or
safer medical devices to the few examples that are cited in the
legislation.
The statement offered today clearly expresses the intent of the
bill's crafters to provide for innovative and evolving technology in
our efforts to minimize risk.
As the gentleman from North Carolina knows, I am particularly
concerned about a device that is manufactured not surprisingly in my
district by a fellow named Joe Adkins through his company, Safeguard
Medical Devices. The product they have developed is roughly the size of
a pocket pager, and is intended to be carried by all personnel who may
encounter unsafe used syringes. It is designed to blunt and seal the
end of the needle with a ``BB'' type ball that seals the syringe hub,
further reducing the risk of downstream infection.
The language thankfully included in the manager's statement leaves no
doubt that products that minimize the risks of exposures to blood-borne
pathogens, like the one developed by Safeguard Medical Devices, are
intended to be covered by the broad language of section 3 in the bill
referring to safer medical devices, and that the examples cited in the
bill were intended to be illustrative, rather than exhaustive.
For that, I thank the chairman and thank the gentleman from New York
(Mr. Owens).
Mr. OWENS. Madam Speaker, I yield myself such time as I may consume.
Madam Speaker, I will enter into the Record a letter by Mr. Charles
Loveless, director of legislation for the Association of Federal,
State, County and Municipal Employees, the AFL-CIO.
AFSCME, AFL-CIO,
Washington, DC, October 2, 2000.
Dear Representative: On behalf of the 1.3 million members
of the American Federation of State, County and Municipal
Employees (AFSCME), I urge you to support the Needlestick
Safety and Prevention Act (H.R. 5178), introduced by
Representatives Cass Ballenger and Major Owens.
H.R. 5178 would amend the Occupational Safety and Health
Administration's (OSHA) Bloodborne Pathogens Standard to
require that employers use safety-designed needles and sharps
in order to reduce needlestick injuries and the transmission
of serious diseases from patients to nurses and other
workers. This important legislation codifies and refines a
compliance directive issued by OSHA late last year, after
seeking public input on the use of safer devices.
Needlestick injuries are a serious, but preventable, public
health problem. Despite the availability of safer devices,
the vast majority of needles and sharps in use today are old-
style devices that lack integrated safety features. As a
consequence, 600,000 to 800,000 needlestick injuries occur
each year in the health care workplace. Among those who
sustain such an injury, an estimated 1,000 contract a serious
disease, including Hepatitis C and HIV.
H.R. 5178 is an important measure that will save lives. We
endorse this bipartisan bill and urge you to approve it.
Sincerely,
Charles M. Loveless,
Director of Legislation.
Madam Speaker, I have no additional speakers, and I yield back the
balance of my time.
Mr. BALLENGER. Madam Speaker, I yield 2 minutes to the gentlewoman
from Maryland (Mrs. Morella).
Mrs. MORELLA. Madam Speaker, I rise in strong support of H.R. 5178,
the Needle Stick Safety and Prevention Act.
I do want to thank the gentleman from North Carolina (Mr. Ballenger)
for bringing this bill to the floor. I want to thank the ranking
member, the gentleman from New York (Mr. Owens), for his role and
leadership in bringing this bill before us. I am proud to be a
cosponsor.
This bipartisan legislation is designed to protect health care
workers from needle stick injuries by updating the Occupational,
Safety, and Health Administration's standards in order to address
advances in safer medical devices such as needleless systems and
needles that are specifically engineered for injury protection.
Passage of H.R. 5178 would reduce the risk of HIV, hepatitis B,
hepatitis C, that are caused by accidental needle sticks. This year,
the Centers for Disease Control and Prevention estimated that more than
380,000 needle stick injuries from contaminated needles occur annually
among health care workers in our U.S. hospitals.
The total number of needle stick and other skin-puncturing injuries
in all health care settings is, as Members have heard before, 600,000
to 800,000 annually.
The CDC has also estimated that, depending on the type of device used
and the procedure involved, that 62 to 82 percent of needle stick
injuries can potentially be prevented by the use of safer medical
devices.
One particular needleless system has been developed by Calypte
Biomedical Corporation of Rockville, Maryland. Long concerned about the
risk of HIV transmission through accidental needle stick injuries,
Calypte Biomedical manufactures FDA-approved, urine-based HIV
diagnostic tests which would dramatically reduce needle stick
accidents.
This legislation is supported by the American Hospital Association,
the American Nurses Association, a number of other agencies and
organizations. It ensures that hospitals and other medical employers
will have the flexibility to best protect their workers. I urge my
colleagues to support it.
Mr. BALLENGER. Madam Speaker, I yield 2 minutes to the gentleman from
Georgia, (Mr. Isakson).
Mr. ISAKSON. Madam Speaker, I thank the gentleman for yielding time
to me, and commend him on this important issue, as well as the
gentleman from New York (Mr. Owens) and his support.
Madam Speaker, the transfer of blood-borne pathogens in this country
is a problem in our hospitals and facilities, and it does threaten our
health care leaders.
Our chairman and author of this bill, the gentleman from North
Carolina (Mr. Ballenger), has done a great job in holding hearings to
bring about that information.
I associate myself with the remarks of the gentleman from Ohio (Mr.
[[Page H8680]]
LaTourette), the gentlewoman from Maryland (Mrs. Morella), and others
who have understood the leadership that has been shown in this by not
issuing a franchise to one single producer of a product that destroys
needles, but rather, to acknowledge that every hospital and health care
facility should select those products that are best for them, to have a
clear and direct policy to minimize and we hope eliminate needle stick
injuries and the transfer of possible dangerous germs and disease in
their facility.
The leadership the gentleman from North Carolina (Mr. Ballenger) has
shown Americans and assured health care workers that the hospitals and
medical workplaces of America will be safer. It has also ensured that
incentive remains for the private sector to produce new and modern
products that are safer and more efficient than those in the past, so
hospitals can develop the very best possible policy to meet OSHA's,
what I would add, very thoughtful rule in terms of developing these
plans for every hospital in America.
Mr. GILMAN. Madam Speaker, I rise today in support of H.R. 5178, the
Needlestick Safety and Prevention Act. I applaud my colleague from
North Carolina, Mr. Ballenger for his leadership on this issue and as a
cosponsor of this legislation, I urge my colleagues to support this
much needed bill.
H.R. 5178 directs employers to consider, and where appropriate, use
such safer medical devices to reduce the risk of needlesticks and other
injuries from sharps. Employers with employees who may be exposed to
bloodborne pathogens are required to use safer medical devices only
where such devices are appropriate, effective and commercially
available. I have met with various nurses' groups over the years who
have been pushing for the use of safer needles in hospitals and
doctors' officers throughout the country. Although these safe needles
tend to cost more than the average needle that is currently used, the
safe needles protect health care professionals by featuring one of a
number of new innovations such as a retractable needle.
Moreover, H.R. 5178 calls for employers to maintain a sharps injury
log to record sharps injuries and to call upon frontline health care
workers who would actually use the devices in the selection of the
devices. This will ensure that the people actually using the new
needles will be comfortable with all aspects of the safe device.
Accordingly, I urge my colleagues to protect our Nation's health care
professionals and support this legislation.
Mr. STARK. Madam Speaker, I am pleased to speak in support of H.R.
5178, The Needlestick Safety and Prevention Act and urge all of my
colleagues to join me in voting to protect nurses, doctors, and other
health care workers from accidental needlestick injuries in the
workplace.
This legislation is long overdue. Health care workers across our
country are put in danger each and every day because safe needle
technologies that exist and are proven to reduce the risk of workplace
needlestick injuries are still not widely used in our nation's health
facilities.
Through accidental needlesticks, health care workers are exposed to
the spread of deadly bloodborne diseases such as AIDS and Hepatitis B
and C. Estimates are that some 600,000 to one million needlesticks
occur each year. While the vast majority of those injuries do not
result in the spread of a bloodborne pathogen, those that do can prove
debilitating and even fatal. Health care workers simply should not be
forced to risk their lives while trying to save ours.
Enactment of H.R. 5178 will dramatically lower the occurrence of
accidental needlestick injuries by requiring the use of safer needle
technology in our nation's health care system. This bill, like the
legislation I co-authored with Representative Roukema (H.R. 1899), will
dramatically improve needlestick protections for health care workers
by: clarifying the bloodborne pathogens requirements regarding the use
of safer needle devices, improving existing reporting requirements, and
ensuring that health care workers are involved in the selection of
appropriate safety devices.
I have been working on this issue for many years. My first bill to
protect health care workers from preventable needlestick injuries was
introduced in 1993. In the last Congress, similar legislation gained
the support of more than 100 of my colleagues. H.R. 1899, which
Representative Roukema and I introduced together in this Congress, now
has the bipartisan support of more than 185 of our colleagues.
States have also begun focussing attention on this important issue.
My home state of California was the first state to pass comprehensive
legislation requiring the use of safe needle devices in 1998. Since
then, more than a dozen states have followed course and passed
legislation protecting health care workers their own borders.
But, this is a national problem that deserves a national solution.
That is why I am so pleased to join Representative Ballenger and
Representative Owens in support of H.R. 5178 on the House floor today.
I would also like to congratulate both of them for stepping into
leadership roles on this vitally important safety issue for health care
workers across the country.
While I fully support the bill before us today, our work to protect
health care workers from these injuries will not be complete even with
passage of this important legislation. We need to go further. OSHA
applies mainly to the private sector and therefore H.R. 5178 leaves
health care workers in public hospitals in approximately 27 states
without the same protections. We need to extend equivalent protections
to these workers and I pledge to work with my colleagues to achieve
this goal as well.
Passage of H.R. 5178 will take us a long way toward minimizing the
danger of needlestick injuries and potential infection by deadly
diseases for the millions of health care workers across our country.
Put simply, a yes vote for H.R. 5178 will save lives. I urge all of my
colleagues to join me in voting yes.
Mr. KUCINICH. Madam Speaker, I rise in strong support for H.R. 5178,
the Needlestick Safety and Prevention Act. There are an estimated
600,000 to 800,000 needlestick injuries each year. Over 80 percent of
these injuries could have easily been prevented with the use of safer
needle devices. Hospital nurses are the most frequently injured,
followed by physicians, nursing assistants and housekeepers.
A resident of Cleveland, Ohio, Mr. Stanley McKee, testified before
the Ohio Senate regarding his needlestick injury. Mr. McKee works at a
hospital in the environmental services department. He was disposing of
the trash from the intensive care unit when he felt an object stick him
in the leg. When he checked the bag he saw the used needle protruding
out. For months, Mr. McKee was forced to undergo a series of shots
until it could be determined whether he had indeed contracted an
illness. The costly medical care he required and the severe mental
anguish he experienced while awaiting news of his test results could
have easily been prevented with safety devices as required in The
Health Care Worker Needlestick Prevention Act, H.R. 5178. The average
cost to test and treat a worker following an accidental stick where an
infection does not occur is about $500. The costs to treat an employee
who is infected from an accidental stick can total up to one million
dollars over a person's life. However, these injuries can be prevented
with safer needles that cost less than a postage stamp.
This bill will save lives by drastically reducing the threat of
contracting infectious diseases including hepatitis and the HIV virus
through accidental needlesticks. Healthcare professionals dedicate
their lives to caring for others. Let us show our appreciation and
respect by working to pass this important legislation to ensure the
safety of members of the healthcare community.
I would like to thank Chairman Ballenger for leading the Subcommittee
on Workplace Protections of the Committee on Education and the
Workforce to report H.R. 5178 to the whole House of Representatives. I
would also like to praise Rep. Fortney Pete Stark, whose many yeas of
advocacy for needlestick safety laid the groundwork for today's bill. I
urge a YES vote.
Mr. BALLENGER. Madam Speaker, I have no further requests for time,
and I yield back the balance of my time.
The SPEAKER pro tempore (Mrs. Morella). The question is on the motion
offered by the gentleman from North Carolina (Mr. Ballenger) that the
House suspend the rules and pass the bill, H.R. 5178, as amended.
The question was taken; and (two-thirds having voted in favor
thereof) the rules were suspended and the bill, as amended, was passed.
A motion to reconsider was laid on the table.
____________________