BILL NUMBER: AB 2674 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 10, 2014
AMENDED IN ASSEMBLY MARCH 28, 2014
INTRODUCED BY Assembly Member Skinner
FEBRUARY 21, 2014
An act to add Section 144.9 to the Labor Code, relating to
occupational safety and health standards.
LEGISLATIVE COUNSEL'S DIGEST
AB 2674, as amended, Skinner. Occupational safety and health
standards: hazardous disinfectants.
Under existing law, the Occupational Safety and Health Standards
Board within the Department of Industrial Relations promulgates
occupational safety and health standards for the state, including
standards dealing with toxic materials and harmful physical agents. A
violation of these standards and regulations is a crime.
This bill would require the board to adopt standards to protect
health care personnel and patients from the effects of toxic
disinfectants, as defined. The bill would require the board, in
adopting these standards, to consider current scientific evidence and
recommendations adopted by the National Institute for Occupational
Safety and Health.
By creating a new crime, this bill would impose a state-mandated
local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares the following:
(a) Health care personnel who work with or near hazardous
disinfectants in health care settings may be exposed to hazardous
agents in the air, on work surfaces, clothing, medical equipment, and
in contact with patients.
(b) According to the National Institute for Occupational Safety
and Health (NIOSH), pregnant nurses who were exposed to toxic
disinfectants in the workplace experienced a miscarriage rate that
was double the rate of miscarriages among nurses not similarly
exposed.
(c) It is in the best interests of the state that the Occupational
Safety and Health Standards Board study
review the health effects of toxic disinfectants and adopt
standards to protect health care personnel from hazardous exposure to
these disinfectants.
SEC. 2. Section 144.9 is added to the Labor Code, to read:
144.9. (a) As used in this section, the following definitions
shall apply:
(1) "Disinfectant" means a chemical agent, regulated by the
federal Environmental Protection Agency, that eliminates pathogens on
inanimate objects.
(2) "NIOSH" means the National Institute for Occupational Safety
and Health of the federal Centers for Disease Control and Prevention.
(b) The board shall adopt an occupational safety and health
standard to protect patients and health care personnel from the toxic
effects of disinfectants regardless of the setting. In developing
the standard, the board shall consider input from hospitals,
practicing physicians from impacted specialties, including
epidemiology, organizations representing health care personnel,
including registered nurses, custodians, patients, and other
stakeholders, and shall determine a reasonable time for facilities to
implement new requirements imposed by the adopted standard. The
standard, to the extent feasible, shall consider the most recent
scientific evidence available and shall incorporate applicable
updates and changes to the NIOSH guidelines.
SEC. 3. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.