BILL ANALYSIS                                                                                                                                                                                                    Ó






                                                                    AB 2272


                                                                     Page A


          CONCURRENCE IN SENATE AMENDMENTS


          AB  
          2272 (Thurmond)


          As Amended  August 15, 2016


          Majority vote


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          |ASSEMBLY:  |49-23 |(May 19, 2016) |SENATE: |25-13 |(August 24,      |
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          Original Committee Reference:  L. & E.




          SUMMARY:  Requires the Division of Occupational Safety and  
          Health (DOSH) to convene an advisory committee to develop a  
          regulation regarding the protection of health care personnel and  
          patients from exposure to vaporized human tissue, defined in  
          this bill as "plume," among other things. Specifically, this  
          bill:  


          1)Requires that by July 1, 2019, the Occupational Safety and  
            Health Standards Board (Board) adopt the proposed regulations  
            from the advisory committee. 
          2)Allows the DOSH advisory committee to include health  
            facilities, practicing physicians and surgeons from affected  











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            specialties, registered nurses and other affected health care  
            personnel, labor and specialty organizations representing  
            affected registered nurses and health care personnel, and  
            other stakeholders.


          3)Mandates that in developing this regulation, the DOSH advisory  
            committee consider, and evaluate as a benchmark, preexisting  
            plume-related standards including those adopted at the federal  
            Occupational Safety and Health Administration and the National  
            Institute for Occupational Safety and Health, as well as other  
            private groups such as the International Organization for  
            Standardization. 


          4)Stipulates that the use of surgical masks do not qualify as  
            protection against plume. 


          5)States that the use of respirators does not qualify as  
            protection against plume except when, due to medical  
            necessity, a plume scavenging system is not able to be located  
            where it captures plume effectively.


          6)Defines "plume" 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.


          7)Defines "plume scavenging system" as smoke evacuators, laser  
            plume evacuators, plume scavengers, and local exhaust  
            ventilators that capture and neutralize plume before it can  
            make ocular contact or contact with the respiratory tract of  
            health care personnel or patients.


          The Senate amendments: 











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          1)Require DOSH, by June 1, 2017 to form an advisory committee to  
            develop and submit to the Board by June 1, 2018, a regulation  
            to protect health care personnel and patients from plume  
            exposure through the use of plume scavenging systems, as  
            specified. 


          2)Require that by July 1, 2019, Board consider and adopt the  
            proposed regulations. 


          3)State the proposed regulations/standards shall include a  
            requirement that employers provide training to all health care  
            personnel involved in procedures creating exposure to  
            vaporized human tissue.


          4)Specify that the regulation shall not limit the authority of  
            DOSH or the Board to develop or adopt regulations that are  
            broader in scope or application than those established in the  
            bill. 


          5)Make clarifying changes.


          EXISTING LAW establishes the Board within the Department of  
          Industrial Relations (DIR) which promulgates and enforces  
          occupational safety and health standards for the state including  
          standards dealing with toxic materials and harmful physical  
          agents.


          FISCAL EFFECT:  According to the Senate Appropriations  
          Committee, the DIR indicates that costs associated with the  
          Occupational Safety and Health Standards Board's development of  
          standards requiring a health facility to evacuate or remove  











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          plume, as specified, would be within the scope of existing  
          workload, and thus absorbable.  However, DIR's DOSH would incur  
          unknown enforcement costs once the standards have been developed  



          COMMENTS:  According to the sponsors, the California Nurses  
          Association/National Nurses United, a Nurses' Health Study found  
          that operating room nurses, "were at significantly higher risk  
          of severe persistent asthma" as a result of occupational  
          exposure to the dangerous and infectious materials that can be  
          found in surgical plume smoke.<1>  By adopting standards to  
          remove these infectious airborne contaminants before they are  
          dispersed into the surgical suite and surrounding areas,  
          California could be a leader in the reduction of hazardous  
          exposure to surgical plume which could prove beneficial both to  
          health care providers and their patients.


          Federal Occupational Safety and Health Administration (OSHA) can  
          cite hospitals for not making an effort to control smoke  
          emission in laser or electrosurgical procedures through a clause  
          that covers all hazardous conditions.  In Section 5(a)(1) of the  
          Occupational Safety and Health Act, OSHA's General Duty Clause  
          states:
            Each employer shall furnish to each of his [sic] employees  
            employment and a place of employment which are free from  
            recognized hazards that are causing or are likely to cause  
            death or serious physical harm to his [sic] employees.


            -------------------------
          <1>


           Nurses' Health Studies are among the largest ongoing  
          investigations of factors that influence nurses' health.   
          Started in 1976 and expanded in 1989, the information provided  
          by 238,000 dedicated nurse participants has led to insights on  
          health and disease.










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          However OSHA's limited ability to enforce elimination of unsafe  
          practices involving such surgical procedures has led many to  
          stress the need for a more concentrated campaign.  




          Analysis Prepared by:    Lorie Alvarez / L. & E. / (916)  
                          319-2091          FN: 0004407