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, 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.begin insert The bill would require the manufacturer of a plume scavenging system to provide evidence that the system meets specified minimum requirements when installed, operated, and maintained in accordance with the manufacturerend insertbegin insert’s instructions.end insert
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.
P3 1(4) “Plume” means noxious airborne contaminants generated
2as byproducts of the use of energy-based devices, electrosurgical
3devices, electrocautery devices, or mechanical tools during surgical,
4diagnostic, or therapeutic procedures.
5(5) “Plume scavenging system” means smoke evacuators, laser
6plume evacuators, plume scavengers, and local exhaust ventilators
7begin delete that capture and neutralize at least 95end deletebegin insert that, when used in
8accordance with the manufacturer’s instructions, conform to the
9general requirement of the 2014 ISO Standard 16571 to remove
10and neutralize at least 90end insert
percent of plume at the site of origin and
11before plume can make ocular contact or contact with the
12respiratory tract of health care personnel or patients.
13(b) (1) The board shall, by June 1, 2018, adopt an occupational
14safety and health standard requiring a health facility, as defined
15in subdivision (a) of Section 1250 of the Health and Safety Code,
16to evacuate or remove plume through the use of a plume
17
scavenging system in all settings that employ techniques that
18involve the creation of plume. In developing the standard, the
19board shall take into consideration and use as a benchmark the
20standards titled “Systems for evacuation of plume generated by
21medical devices” (ISO 16571) adopted by the International
22Organization for Standardization and the standards titled “Plume
23scavenging in surgical, diagnostic, therapeutic, and aesthetic
24settings” (CSA Z305.13-13) adopted by the CSA Group. Where,
25in the determination of the board, recommendations of the federal
26Occupational Safety and Health Administration or National
27Institute for Occupational Safety and Health are more effective in
28the evacuation of plume and would be more protective of
29occupational health than the ISO or CSA standards, the board shall
30use those federal recommendations as the mandated requirement
31for plume scavenging
systems.
32(2) As part of the standard, the board shall include a requirement
33for employers to provide training and education to all health care
34workers that will participate in procedures that involve the creation
35of plume. The training shall include, but not be limited to, the
36appropriate use of the plume scavenging systems and equipment
37utilized by the facility, and general education on the contents of
38plume, the circumstances in which it is generated, and the
39associated health and safety hazards. The training shall be designed
40to provide an opportunity for interactive questions and answers
P4 1with a person knowledgeable about occupational exposure to plume
2and the specific equipment utilized.
3(3) In developing standards, the board may consider input from
4health facilities,
practicing physicians from affected specialties,
5registered nurses and other affected health care personnel, labor
6and specialty organizations representing affected registered nurses,
7labor and specialty organizations representing other affected health
8care personnel, and other stakeholders.
9(c) begin insert(1)end insertbegin insert end insert Nothing in this section alters, amends, expands, or
10reduces existing general room ventilation standards or
11requirements. These plume scavenging standards are in addition
12to general room ventilation standards or requirements, and
13compliance with general room ventilation standards shall not satisfy
14the requirements of this section.
15
begin insert(2)end insertbegin insert end insertbegin insertEvidence that the plume scavenging system conforms to the
16minimum requirements of this section when installed, operated,
17and maintained in accordance with the manufacturer’s instructions,
18shall be provided by the manufacturer.end insert
19(d) The use of surgical masks or respirators shall not satisfy the
20requirements of this section.
No reimbursement is required by this act pursuant to
22Section 6 of Article XIII B of the California Constitution because
23the only costs that may be incurred by a local agency or school
24district will be incurred because this act creates a new crime or
25infraction, eliminates a crime or infraction, or changes the penalty
26for a crime or infraction, within the meaning of Section 17556 of
27the Government Code, or changes the definition of a crime within
28the meaning of Section 6 of Article XIII B of the California
29Constitution.
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