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.