AB 2272, as introduced, Thurmond. Occupational safety and health standards: plume.
Under existing law, the Occupational Safety and Health Standards Board within the Department of Industrial Relations promulgates and enforces 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 under specific circumstances is a crime.
This bill would require the board to adopt standards to protect health care personnel and patients from plume, defined as noxious airborne contaminants generated as byproducts of the use of specific devices during surgical, diagnostic, or therapeutic procedures. The bill would require the board, in adopting these standards, to take into consideration and use as a benchmark certain standards adopted by specified organizations. The bill would require the board to use as the mandated requirement for plume scavenging systems recommendations of the federal Occupational Safety and Health Administration or National Institute for Occupational Safety and Health, where the board determines those recommendations are more effective in the evacuation of plume and would be more protective of occupational health than the described standards.
The bill would provide that compliance with general room ventilation standards or the use of surgical masks or respirators does not satisfy the requirements for protection from surgical plumes under these provisions.
By expanding the definition of an existing 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 144.9 is added to the Labor Code, to
2read:
(a) As used in this section:
4(1) “Electrocautery device” means a device that is electrically
5heated to cut, ablate, or coagulate human tissue for therapeutic
6purposes.
7(2) “Electrosurgical device” means a device that uses a radio
8frequency electric current passing through the patient to cut, ablate,
9or coagulate human tissue for therapeutic purposes.
10(3) “Energy-based device” means a device that uses energy to
11ablate, cauterize or mechanically manipulate target human tissue
12including lasers, electrosurgical generators, broadband light
13sources, ultrasonic instruments, plasma generators, bone saws, and
14drills.
15(4) “Plume” means noxious airborne contaminants generated
16as byproducts of the use of energy-based devices, electrosurgical
17devices, electrocautery devices, or mechanical tools during surgical,
18diagnostic, or therapeutic procedures.
19(5) “Plume scavenging system” means smoke evacuators, laser
20plume evacuators, plume scavengers, and local exhaust ventilators
21that capture and neutralize at least 95 percent of plume at the site
22of origin and before plume can make ocular contact or contact
23with the respiratory tract of health care personnel or patients.
P3 1(b) (1) The board shall, by June 1, 2018, adopt an occupational
2safety and health standard requiring a health facility, as defined
3in subdivision (a) of Section 1250 of the Health and Safety Code,
4to evacuate or remove plume through the use of a plume
5
scavenging system in all settings that employ techniques that
6involve the creation of plume. In developing the standard, the
7board shall take into consideration and use as a benchmark the
8standards titled “Systems for evacuation of plume generated by
9medical devices” (ISO 16571) adopted by the International
10Organization for Standardization and the standards titled “Plume
11scavenging in surgical, diagnostic, therapeutic, and aesthetic
12settings” (CSA Z305.13-13) adopted by the CSA Group. Where,
13in the determination of the board, recommendations of the federal
14Occupational Safety and Health Administration or National
15Institute for Occupational Safety and Health are more effective in
16the evacuation of plume and would be more protective of
17occupational health than the ISO or CSA standards, the board shall
18use those federal recommendations as the mandated requirement
19for plume scavenging systems.
20(2) The board may consider input from health
facilities,
21practicing physicians from affected specialties, labor and specialty
22organizations representing affected registered nurses, labor and
23specialty organizations representing other affected health care
24personnel, and other stakeholders.
25(c) Nothing in this section alters, amends, expands, or reduces
26existing general room ventilation standards or requirements. These
27plume scavenging standards are in addition to general room
28ventilation standards or requirements, and compliance with general
29room ventilation standards shall not satisfy the requirements of
30this section.
31(d) The use of surgical masks or respirators shall not satisfy the
32requirement of this section.
No reimbursement is required by this act pursuant to
34Section 6 of Article XIII B of the California Constitution because
35the only costs that may be incurred by a local agency or school
36district will be incurred because this act creates a new crime or
37infraction, eliminates a crime or infraction, or changes the penalty
38for a crime or infraction, within the meaning of Section 17556 of
39the Government Code, or changes the definition of a crime within
P4 1the meaning of Section 6 of Article XIII B of the California
2Constitution.
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