BILL ANALYSIS �
Senate Appropriations Committee Fiscal Summary
Senator Kevin de Le�n, Chair
AB 1202 (Skinner) - Occupational Safety and Health Standards:
Hazardous Drugs
Amended: May 24, 2013 Policy Vote: L&IR 4-0
Urgency: No Mandate: Yes
Hearing Date: August 12, 2013
Consultant: Robert Ingenito
This bill does not meet the criteria for referral to the
Suspense File.
Bill Summary: AB 1202 would require the Occupational Safety and
Health Standards Board (OSHSB) to adopt an occupational safety
and health standard for the handing of antineoplastic drugs in
health care facilities.
Fiscal Impact: The Department of Industrial Relations (DIR)
estimates that it would incur a one-time cost of $85,000
(special funds) per year for a two-year period to implement the
provisions of the bill, specifically conduct the necessary
research, meet with stakeholders and draft regulations.
Enforcement costs are anticipated to be minor and absorbable.
Background: OSHSB, a seven-member body appointed by the
Governor, is the standards-setting agency within the
California/Occupational Safety Health (Cal/OSHA) program. The
board has the responsibility to grant or deny applications for
variances from adopted health and safety standards and respond
to petitions for new or revised standards.
The National Institute for Occupational Safety and Health
(NIOSH) is the federal agency within the Center for Disease
Control (CDC) that is responsible for conducting research and
making recommendations for the prevention of work-related injury
and illness. In 2004, NIOSH issued an alert that identified
more than 150 drugs as hazardous to both patient and healthcare
workers. According to NIOSH, "Drugs are classified as hazardous
if studies in animals or humans indicate that exposures to them
have a potential for causing cancer, developmental or
reproductive toxicity, or harm to organs. Many hazardous drugs
are used to treat illnesses such as cancer or HIV infection.
AB 1202 (Skinner)
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The 2004 list of drugs was updated in 2010 and 2013. The 2013
update includes 26 new drugs and notes, "these additions are new
drugs or existing drugs that had new warnings from 2007 to
2009."
Antineoplastic Drugs (also known as cytotoxic drugs) are drugs
or agents used in chemotherapy cancer treatments to prevent the
development, maturation, or spread of cancerous cells. For the
patients who take these drugs, side effects include hair loss,
fatigue, blood problems, and other health hazards. Although
developed for cancer treatments shortly after the end of the
Second World War, concerns about occupational exposure were not
raised until the 1970s.
Under current law, the OSHS Board has the authority to regulate
the manufacture, handling and use of drugs that have anti-cancer
properties or are used to treat cancer by employees.
Proposed Law: This bill would, among other things, do the
following:
Require OSHSB to consider input from hospitals,
practicing physicians from impacted specialties (i.e.
oncology), organizations representing health care personnel
(i.e. nurses), and other stakeholders, and determine a
reasonable time for facilities to implement new
requirements imposed by the adopted standard.
Require the standard, to the extent feasible, be
consistent with and not exceed recommendations in the NIOSH
alert entitled "Preventing Occupational Exposures to
Antineoplastic and Other Hazardous Drugs in Health Care
Settings," as updated in 2010. Further authorizes the
standard to incorporate applicable updates and changes to
NIOSH guidelines.
Define antineoplastic drug as a chemotherapeutic agent
that controls and kills cancer cells.
Related Legislation: SB 432 (DeLeon) of 2011 would have required
OSHSB to develop an occupational safety and health standard for
lodging housekeepers. SB 432 was held in the Assembly
Appropriations Committee.
AB 1202 (Skinner)
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