Blood-borne pathogen standard required for occupational exposure ofpublic employees to blood and other infectiousmaterials--definitions--requirements of needleless system andsharps--violations, penalty.
191.640. 1. As used in this section, the following terms shall mean:
(1) "Blood-borne pathogens", any pathogenic microorganisms that arepresent in human blood and can cause disease in humans. These pathogensinclude, but are not limited to, hepatitis B virus (HBV) and humanimmunodeficiency virus (HIV);
(2) "Employer", any employer having public employees with occupationalexposure to blood or other material potentially containing blood-bornepathogens;
(3) "Frontline health care worker", a nonmanagerial employee responsiblefor direct patient care with potential occupational exposure to sharps-relatedinjuries;
(4) "Public employee", an employee of the state or local governmentalunit, or agency thereof, employed in a health care facility, home health careorganization or other facility providing health care related services.
2. The department of health and senior services shall, no later than sixmonths from August 28, 2001, adopt a blood-borne pathogen standard governingoccupational exposure of public employees to blood and other potentiallyinfectious materials that meets the standard in 29 CFR 1910.1030 and shallinclude a requirement that the most effective available needleless systems andsharps with engineered sharps injury protection be included as engineering andwork practice controls. However, such engineering controls shall not berequired if:
(1) None are available in the marketplace; or
(2) An evaluation committee, described in subsection 5 of this section,determines by means of objective product evaluation criteria that use of suchdevices will jeopardize patient or employee safety with regard to a specificmedical procedure.
3. The use of a drug or biologic that is prepackaged with anadministration system or used in a prefilled syringe and is approved forcommercial distribution or investigational use by the federal Food and DrugAdministration shall be exempt from the provisions of this section until June1, 2004.
4. The sharps injury log maintained pursuant to this section shallinclude:
(1) The date and time of the exposure incident;
(2) The type and brand of sharp involved in the exposure incident;
(3) A description of the exposure incident to include:
(a) The job classification of the exposed employee;
(b) The department or work area where the exposure incident occurred;
(c) The number of hours worked at the time of the exposure incident;
(d) The procedure that the exposed employee was performing at the timeof the incident;
(e) How the incident occurred;
(f) The body part involved in the exposure incident; and
(g) If the sharp had engineered sharps injury protection, whether theprotective mechanism was activated, and whether the injury occurred before theprotective mechanism was activated, during activation of the mechanism orafter activation of the mechanism.
5. An evaluation committee established pursuant to this section shallconsist of at least five members but no more than ten members. At least halfof the members of the committee shall be frontline health care workers at suchfacility from a variety of occupational classifications and departments,including but not limited to nurses, nurse aides, technicians, phlebotomistsand physicians, who shall be selected by the facility to advise the employeron the implementation of the requirements of this section. In facilitieswhere there are one or more representatives certified by the state board ofmediation to represent frontline health care workers at such facility, thefacility shall consult with such representatives as to the composition andmembership of the committee. All members of the committee shall be trained inthe proper method of utilizing product evaluation criteria prior to thecommencement of any product evaluation. Committee members shall servetwo-year terms, with the initial terms beginning thirty days after theformation of such committee and the subsequent terms beginning every two yearsthereafter. Vacancies on the committee shall be filled for the remainder ofthe term by the facility in the same manner as was used to appoint thevacating member. Members may serve consecutive terms. Members shall not begiven additional compensation for their duties on such committee.
6. Any reference in 29 CFR 1910.1030 to the assistant secretary shall,for purposes of this section, mean the director of the department of healthand senior services.
7. Any person may report a suspected violation of this section or 29 CFR1910.1030 to the department of health and senior services. If such reportinvolves a private employer, the department shall notify the federalOccupational Safety and Health Administration of the alleged violation.
8. The department of health and senior services shall compile andmaintain a list of needleless systems and sharps with engineered sharps injuryprotection which shall be available to assist employers in complying with therequirements of the blood-borne pathogen standard adopted pursuant to thissection. The list may be developed from existing sources of information,including but not limited to the federal Food and Drug Administration, thefederal Centers for Disease Control and Prevention, the National Institute ofOccupational Safety and Health and the United States Department of VeteransAffairs.
9. By February first of each year, the department of health and seniorservices shall issue an annual report to the governor, state auditor,president pro tem of the senate, speaker of the house of representatives andthe technical advisory committee on the quality of patient care and nursingpractices on the use of needle safety technology as a means of reducingneedlestick injuries. By February fifteenth of each year, such report shallbe made available to the public on the department of health and seniorservices' Internet site.
10. Any employer who violates the provisions of this section shall besubject to a reduction in or loss of state funding as a result of suchviolations.
Blood-borne pathogen standard required for occupational exposure ofpublic employees to blood and other infectiousmaterials--definitions--requirements of needleless system andsharps--violations, penalty.
191.640. 1. As used in this section, the following terms shall mean:
(1) "Blood-borne pathogens", any pathogenic microorganisms that arepresent in human blood and can cause disease in humans. These pathogensinclude, but are not limited to, hepatitis B virus (HBV) and humanimmunodeficiency virus (HIV);
(2) "Employer", any employer having public employees with occupationalexposure to blood or other material potentially containing blood-bornepathogens;
(3) "Frontline health care worker", a nonmanagerial employee responsiblefor direct patient care with potential occupational exposure to sharps-relatedinjuries;
(4) "Public employee", an employee of the state or local governmentalunit, or agency thereof, employed in a health care facility, home health careorganization or other facility providing health care related services.
2. The department of health and senior services shall, no later than sixmonths from August 28, 2001, adopt a blood-borne pathogen standard governingoccupational exposure of public employees to blood and other potentiallyinfectious materials that meets the standard in 29 CFR 1910.1030 and shallinclude a requirement that the most effective available needleless systems andsharps with engineered sharps injury protection be included as engineering andwork practice controls. However, such engineering controls shall not berequired if:
(1) None are available in the marketplace; or
(2) An evaluation committee, described in subsection 5 of this section,determines by means of objective product evaluation criteria that use of suchdevices will jeopardize patient or employee safety with regard to a specificmedical procedure.
3. The use of a drug or biologic that is prepackaged with anadministration system or used in a prefilled syringe and is approved forcommercial distribution or investigational use by the federal Food and DrugAdministration shall be exempt from the provisions of this section until June1, 2004.
4. The sharps injury log maintained pursuant to this section shallinclude:
(1) The date and time of the exposure incident;
(2) The type and brand of sharp involved in the exposure incident;
(3) A description of the exposure incident to include:
(a) The job classification of the exposed employee;
(b) The department or work area where the exposure incident occurred;
(c) The number of hours worked at the time of the exposure incident;
(d) The procedure that the exposed employee was performing at the timeof the incident;
(e) How the incident occurred;
(f) The body part involved in the exposure incident; and
(g) If the sharp had engineered sharps injury protection, whether theprotective mechanism was activated, and whether the injury occurred before theprotective mechanism was activated, during activation of the mechanism orafter activation of the mechanism.
5. An evaluation committee established pursuant to this section shallconsist of at least five members but no more than ten members. At least halfof the members of the committee shall be frontline health care workers at suchfacility from a variety of occupational classifications and departments,including but not limited to nurses, nurse aides, technicians, phlebotomistsand physicians, who shall be selected by the facility to advise the employeron the implementation of the requirements of this section. In facilitieswhere there are one or more representatives certified by the state board ofmediation to represent frontline health care workers at such facility, thefacility shall consult with such representatives as to the composition andmembership of the committee. All members of the committee shall be trained inthe proper method of utilizing product evaluation criteria prior to thecommencement of any product evaluation. Committee members shall servetwo-year terms, with the initial terms beginning thirty days after theformation of such committee and the subsequent terms beginning every two yearsthereafter. Vacancies on the committee shall be filled for the remainder ofthe term by the facility in the same manner as was used to appoint thevacating member. Members may serve consecutive terms. Members shall not begiven additional compensation for their duties on such committee.
6. Any reference in 29 CFR 1910.1030 to the assistant secretary shall,for purposes of this section, mean the director of the department of healthand senior services.
7. Any person may report a suspected violation of this section or 29 CFR1910.1030 to the department of health and senior services. If such reportinvolves a private employer, the department shall notify the federalOccupational Safety and Health Administration of the alleged violation.
8. The department of health and senior services shall compile andmaintain a list of needleless systems and sharps with engineered sharps injuryprotection which shall be available to assist employers in complying with therequirements of the blood-borne pathogen standard adopted pursuant to thissection. The list may be developed from existing sources of information,including but not limited to the federal Food and Drug Administration, thefederal Centers for Disease Control and Prevention, the National Institute ofOccupational Safety and Health and the United States Department of VeteransAffairs.
9. By February first of each year, the department of health and seniorservices shall issue an annual report to the governor, state auditor,president pro tem of the senate, speaker of the house of representatives andthe technical advisory committee on the quality of patient care and nursingpractices on the use of needle safety technology as a means of reducingneedlestick injuries. By February fifteenth of each year, such report shallbe made available to the public on the department of health and seniorservices' Internet site.
10. Any employer who violates the provisions of this section shall besubject to a reduction in or loss of state funding as a result of suchviolations.
Blood-borne pathogen standard required for occupational exposure ofpublic employees to blood and other infectiousmaterials--definitions--requirements of needleless system andsharps--violations, penalty.
191.640. 1. As used in this section, the following terms shall mean:
(1) "Blood-borne pathogens", any pathogenic microorganisms that arepresent in human blood and can cause disease in humans. These pathogensinclude, but are not limited to, hepatitis B virus (HBV) and humanimmunodeficiency virus (HIV);
(2) "Employer", any employer having public employees with occupationalexposure to blood or other material potentially containing blood-bornepathogens;
(3) "Frontline health care worker", a nonmanagerial employee responsiblefor direct patient care with potential occupational exposure to sharps-relatedinjuries;
(4) "Public employee", an employee of the state or local governmentalunit, or agency thereof, employed in a health care facility, home health careorganization or other facility providing health care related services.
2. The department of health and senior services shall, no later than sixmonths from August 28, 2001, adopt a blood-borne pathogen standard governingoccupational exposure of public employees to blood and other potentiallyinfectious materials that meets the standard in 29 CFR 1910.1030 and shallinclude a requirement that the most effective available needleless systems andsharps with engineered sharps injury protection be included as engineering andwork practice controls. However, such engineering controls shall not berequired if:
(1) None are available in the marketplace; or
(2) An evaluation committee, described in subsection 5 of this section,determines by means of objective product evaluation criteria that use of suchdevices will jeopardize patient or employee safety with regard to a specificmedical procedure.
3. The use of a drug or biologic that is prepackaged with anadministration system or used in a prefilled syringe and is approved forcommercial distribution or investigational use by the federal Food and DrugAdministration shall be exempt from the provisions of this section until June1, 2004.
4. The sharps injury log maintained pursuant to this section shallinclude:
(1) The date and time of the exposure incident;
(2) The type and brand of sharp involved in the exposure incident;
(3) A description of the exposure incident to include:
(a) The job classification of the exposed employee;
(b) The department or work area where the exposure incident occurred;
(c) The number of hours worked at the time of the exposure incident;
(d) The procedure that the exposed employee was performing at the timeof the incident;
(e) How the incident occurred;
(f) The body part involved in the exposure incident; and
(g) If the sharp had engineered sharps injury protection, whether theprotective mechanism was activated, and whether the injury occurred before theprotective mechanism was activated, during activation of the mechanism orafter activation of the mechanism.
5. An evaluation committee established pursuant to this section shallconsist of at least five members but no more than ten members. At least halfof the members of the committee shall be frontline health care workers at suchfacility from a variety of occupational classifications and departments,including but not limited to nurses, nurse aides, technicians, phlebotomistsand physicians, who shall be selected by the facility to advise the employeron the implementation of the requirements of this section. In facilitieswhere there are one or more representatives certified by the state board ofmediation to represent frontline health care workers at such facility, thefacility shall consult with such representatives as to the composition andmembership of the committee. All members of the committee shall be trained inthe proper method of utilizing product evaluation criteria prior to thecommencement of any product evaluation. Committee members shall servetwo-year terms, with the initial terms beginning thirty days after theformation of such committee and the subsequent terms beginning every two yearsthereafter. Vacancies on the committee shall be filled for the remainder ofthe term by the facility in the same manner as was used to appoint thevacating member. Members may serve consecutive terms. Members shall not begiven additional compensation for their duties on such committee.
6. Any reference in 29 CFR 1910.1030 to the assistant secretary shall,for purposes of this section, mean the director of the department of healthand senior services.
7. Any person may report a suspected violation of this section or 29 CFR1910.1030 to the department of health and senior services. If such reportinvolves a private employer, the department shall notify the federalOccupational Safety and Health Administration of the alleged violation.
8. The department of health and senior services shall compile andmaintain a list of needleless systems and sharps with engineered sharps injuryprotection which shall be available to assist employers in complying with therequirements of the blood-borne pathogen standard adopted pursuant to thissection. The list may be developed from existing sources of information,including but not limited to the federal Food and Drug Administration, thefederal Centers for Disease Control and Prevention, the National Institute ofOccupational Safety and Health and the United States Department of VeteransAffairs.
9. By February first of each year, the department of health and seniorservices shall issue an annual report to the governor, state auditor,president pro tem of the senate, speaker of the house of representatives andthe technical advisory committee on the quality of patient care and nursingpractices on the use of needle safety technology as a means of reducingneedlestick injuries. By February fifteenth of each year, such report shallbe made available to the public on the department of health and seniorservices' Internet site.
10. Any employer who violates the provisions of this section shall besubject to a reduction in or loss of state funding as a result of suchviolations.
