BILL NUMBER: AB 1208	CHAPTERED
	BILL TEXT

	CHAPTER   999
	FILED WITH SECRETARY OF STATE   SEPTEMBER 30, 1998
	APPROVED BY GOVERNOR   SEPTEMBER 29, 1998
	PASSED THE ASSEMBLY   AUGUST 28, 1998
	PASSED THE SENATE   AUGUST 27, 1998
	AMENDED IN SENATE   AUGUST 24, 1998
	AMENDED IN SENATE   AUGUST 20, 1998
	AMENDED IN SENATE   JULY 9, 1998
	AMENDED IN SENATE   JUNE 30, 1998
	AMENDED IN SENATE   MAY 18, 1998
	AMENDED IN ASSEMBLY   APRIL 17, 1997

INTRODUCED BY   Assembly Member Migden
   (Principal coauthor:  Senator Thompson)

                        FEBRUARY 28, 1997

   An act to add Section 144.7 to the Labor Code, relating to
employment.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1208, Migden.  Occupational safety and health:  bloodborne
pathogen standard.
   Under existing law, the Occupational Safety and Health Standards
Board may adopt occupational safety and health standards and orders,
which are required to be at least as effective as federal standards
for all issues for which federal standards have been adopted under
the federal Occupational Safety and Health Act of 1970.  Pursuant to
this authority, the board has adopted a regulation containing general
industry safety orders pertaining to, among other things,
occupational exposure to blood or other potentially infectious
materials.
   This bill would require the board to adopt an emergency regulation
no later than January 15, 1999, revising the bloodborne pathogen
standard, as specified.  The bill would require the board to complete
the regulation adoption process and would require the final
regulation to be operative no later than August 1, 1999.  The bill
would specify that the board's emergency regulation would expire when
the final regulation becomes operative or August 1, 1999, whichever
first occurs.  Because certain violations of these new requirements
would be a misdemeanor, the bill would impose a state-mandated local
program.  The bill would require the Division of Occupational Safety
and Health to create an advisory committee with prescribed membership
to review the changes in the board's regulation mandated by the bill
and to report thereon to the Legislature by December 31, 2002.  The
bill would require the division and the State Department of Health
Services to jointly compile and make available a list of needleless
systems and needles with engineered needle stick protection.
  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.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 144.7 is added to the Labor Code, to read:
   144.7.  (a) The board shall, no later than January 15, 1999, adopt
an emergency regulation revising the bloodborne pathogen standard
currently set forth in Section 5193 of Title 8 of the California Code
of Regulations in accordance with subdivision (b).  Following
adoption of the emergency regulation, the board shall complete the
regulation adoption process and shall formally adopt a regulation
embodying a bloodborne pathogen standard meeting the requirements of
subdivision (b), which regulation shall become operative no later
than August 1, 1999.  Notwithstanding Section 11346.1 of the
Government Code, the emergency regulation adopted pursuant to this
subdivision shall remain in effect until the nonemergency regulation
becomes operative or until August 1, 1999, whichever first occurs.
   (b) The board shall adopt a standard, as described in subdivision
(a), to be developed by the Division of Occupational Safety and
Health.  The standard shall include, but not be limited to, the
following:
   (1) A revised definition of "engineering controls" that includes
sharps prevention technology including, but not limited to,
needleless systems and needles with engineered sharps injury
protection, which shall be defined in the standard.
   (2) A requirement that sharps prevention technology specified in
paragraph (1) be included as engineering or work practice controls,
except in cases where the employer or other appropriate party can
demonstrate circumstances in which the technology does not promote
employee or patient safety or interferes with a medical procedure.
Those circumstances shall be specified in the standard, and shall
include, but not be limited to, circumstances where the technology is
medically contraindicated or not more effective than alternative
measures used by the employer to prevent exposure incidents.
   (3) A requirement that written exposure control plans include an
effective procedure for identifying and selecting existing sharps
prevention technology of the type specified in paragraph (1).
   (4) A requirement that written exposure control plans be updated
when necessary to reflect progress in implementing the sharps
prevention technology specified in paragraph (1).
   (5) A requirement that information concerning exposure incidents
be recorded in a sharps injury log, including, but not limited to,
the type and brand of device involved in the incident.
   (c) The Division of Occupational Safety and Health may consider
and propose for adoption by the board additional revisions to the
bloodborne pathogen standards to prevent sharps injuries or exposure
incidents including, but not limited to, training requirements and
measures to increase vaccinations.
   (d) The Division of Occupational Safety and Health and the State
Department of Health Services shall jointly compile and maintain a
list of existing needleless systems and needles with engineered
sharps injury protection, which shall be available to assist
employers in complying with the requirements of the bloodborne
pathogen standard adopted pursuant to this section.  The list may be
developed from existing sources of information, including, but not
limited to, the federal Food and Drug Administration, the federal
Centers for Disease Control, the National Institute of Occupational
Safety and Health, and the United States Department of Veterans
Affairs.
  SEC. 2.  No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
   Notwithstanding Section 17580 of the Government Code, unless
otherwise specified, the provisions of this act shall become
operative on the same date that the act takes effect pursuant to the
California Constitution.