BILL NUMBER: AB 2272	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 14, 2016

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  board   board,
by June 1, 2018,  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 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. 
   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,  cauterize   cauterize,  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. 
   (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.  
   (2) The 
    (3)     In developing standar  
ds, the  board may consider input from health facilities,
practicing physicians from affected specialties,  registered
nurses and other affected health care personnel,  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
 requirement   requirements  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.