Amended in Senate June 14, 2016

California Legislature—2015–16 Regular Session

Assembly Bill No. 2272

Introduced by Assembly Member Thurmond

February 18, 2016

An act to add Section 144.9 to the Labor Code, relating to occupational safety and health.

LEGISLATIVE COUNSEL’S DIGEST

AB 2272, as amended, 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 begin delete board end delete begin insert board, by June 1, 2018, end insert 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.

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The bill would require the board, as part of the standards, to include a requirement that employers provide training to all health care workers involved in procedures that involve the creation of plume, as specified.

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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 1.  

Section 144.9 is added to the Labor Code, to
read:

144.9.  

(a) As used in this section:

(1) “Electrocautery device” means a device that is electrically
heated to cut, ablate, or coagulate human tissue for therapeutic
purposes.

(2) “Electrosurgical device” means a device that uses a radio
frequency electric current passing through the patient to cut, ablate,
or coagulate human tissue for therapeutic purposes.

(3) “Energy-based device” means a device that uses energy to
ablate, begin delete cauterize end delete begin insert cauterize, end insert or mechanically manipulate target
human tissue including lasers, electrosurgical generators,
broadband light sources, ultrasonic instruments, plasma generators,
bone saws, and drills.

(4) “Plume” means noxious airborne contaminants generated
as byproducts of the use of energy-based devices, electrosurgical
devices, electrocautery devices, or mechanical tools during surgical,
diagnostic, or therapeutic procedures.

(5) “Plume scavenging system” means smoke evacuators, laser
plume evacuators, plume scavengers, and local exhaust ventilators
that capture and neutralize at least 95 percent of plume at the site
of origin and before plume can make ocular contact or contact
with the respiratory tract of health care personnel or patients.

(b) (1) The board shall, by June 1, 2018, adopt an occupational
safety and health standard requiring a health facility, as defined
in subdivision (a) of Section 1250 of the Health and Safety Code,
to evacuate or remove plume through the use of a plume
scavenging system in all settings that employ techniques that
involve the creation of plume. In developing the standard, the
board shall take into consideration and use as a benchmark the
standards titled “Systems for evacuation of plume generated by
medical devices” (ISO 16571) adopted by the International
Organization for Standardization and the standards titled “Plume
scavenging in surgical, diagnostic, therapeutic, and aesthetic
settings” (CSA Z305.13-13) adopted by the CSA Group. Where,
in the determination of the board, recommendations of the federal
Occupational Safety and Health Administration or National
Institute for Occupational Safety and Health are more effective in
the evacuation of plume and would be more protective of
occupational health than the ISO or CSA standards, the board shall
use those federal recommendations as the mandated requirement
for plume scavenging systems.

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(2) As part of the standard, the board shall include a
requirement for employers to provide training and education to
all health care workers that will participate in procedures that
involve the creation of plume. The training shall include, but not
be limited to, the appropriate use of the plume scavenging systems
and equipment utilized by the facility, and general education on
the contents of plume, the circumstances in which it is generated,
and the associated health and safety hazards. The training shall
be designed to provide an opportunity for interactive questions
and answers with a person knowledgeable about occupational
exposure to plume and the specific equipment utilized.

end insert begin delete

(2) The

end delete

begin insert (3) end insert begin insert   end insert begin insert In developing standar end insert begin insert ds, the end insert board may consider input from
health facilities, practicing physicians from affected specialties,
begin insert registered nurses and other affected health care personnel, end insert labor
and specialty organizations representing affected registered nurses,
labor and specialty organizations representing other affected health
care personnel, and other stakeholders.

(c) Nothing in this section alters, amends, expands, or reduces
existing general room ventilation standards or requirements. These
plume scavenging standards are in addition to general room
ventilation standards or requirements, and compliance with general
room ventilation standards shall not satisfy the requirements of
this section.

(d) The use of surgical masks or respirators shall not satisfy the
begin delete requirement end delete begin insert requirements end insert of this section.

SEC. 2.  

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.