Amended in Assembly May 1, 2014

Amended in Assembly March 28, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 1893

Introduced by Assembly Members Stone and Eggman

February 19, 2014

An act to add Article 7 (commencing with Section 111657) to Chapter 6 of Part 5 of Division 104 of the Health and Safety Code, and to amend Section 138.6 of the Labor Code, relating to sharps waste.

LEGISLATIVE COUNSEL’S DIGEST

AB 1893, as amended, Stone. Sharps waste.

(1) Existing law, the Medical Waste Management Act, administered by the State Department of Public Health, regulates the management and handling of medical waste, as defined. Existing law specifically excludes home-generated sharps waste, as defined, from the definition of medical waste. Existing law requires all sharps waste to be placed into a sharps container, taped closed, and labeled with the words “sharps waste” or with the international biohazard symbol and the word “BIOHAZARD.” Existing law prohibits a person from knowingly placing home-generated sharps waste in certain types of containers and requires that home-generated sharps waste be transported only in sharps containers, as defined, or other containers approved by the State Department of Public Health or the local enforcement agency. Existing law, the Sherman Food, Drug, and Cosmetic Law, requires the State Department of Public Health to regulate the manufacturing, sale, labeling, and advertising activities related to food, drugs, devices, and cosmetics in conformity with the federal Food, Drug, and Cosmetic Act. A violation of the Sherman Food, Drug, and Cosmetic Law is a misdemeanor.

This bill would require all sharps sold to the general public in California to be sold with a sharps waste container begin delete approved by the State Department of Public Health end delete begin insert that meets applicable state and federal standards for collection and disposal of medical sharps waste end insert . The bill would require the container to be labeled with the words “sharps waste” or with the international biohazard symbol and the word “BIOHAZARD” and would also require specified information to be included on a label affixed to the container or on a separate insert included in the sharps packaging. The bill would not preempt a local ordinance that establishes a mandatory system for the collection of home-generated sharps waste for disposal. Because a violation of these provisions would be a crime, this bill would impose a state-mandated local program.

(2) Existing law establishes a workers’ compensation system, administered by the Administrative Director of the Division of Workers’ Compensation, to compensate an employee for injuries sustained in the course of his or her employment. Existing law requires the administrative director to develop a cost-efficient workers’ compensation information system and requires the administrative director to adopt regulations specifying the data elements to be collected by electronic data interchange. Existing law defines “sharps waste” to mean any device having acute rigid corners, edges, or protuberances capable of cutting or piercing, including, but not limited to, hypodermic needs, hypodermic needles with syringes, and syringes contaminated with biohazardous waste.

This bill would encourage the administrative director to incorporate the use of specific data elements that identify puncture wounds caused by sharps waste in nonhealth care occupations that are collected by electronic data interchange.

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.  

Article 7 (commencing with Section 111657) is
added to Chapter 6 of Part 5 of Division 104 of the Health and
Safety Code, to read:

 

Article 7.  Sharps

 

111657.  

(a) Sharps sold to the general public in California
shall be sold with a sharps waste container that begin delete is approved by the
department. end delete begin insert meets applicable state and federal standards for
collection and disposal of medical sharps waste. end insert The container
shall be labeled with the words “sharps waste” or with the
international biohazard symbol and the word “BIOHAZARD” as
provided in Section 118285. The sharps waste container shall
include all of the following information on a label affixed to the
container, or on a separate insert included in the sharps packaging:

(1) Directions for the safe disposal of sharps waste as described
in Sections 118285 and 118286.

(2) A reference to the Department of Resources Recycling and
Recovery’s Internet Web site on home-generated sharps waste
disposal and the disposal directory for sharps waste and medication.

(b) (1) This section does not preclude a manufacturer, seller,
or distributor of sharps from implementing a voluntary take-back
program of home-generated sharps waste on their premises or
through a mail-back program. This section does not preclude the
establishment of mail-back or take-back programs.

(c) This section does not preempt any local ordinances that
establish a mandatory system for the collection of home-generated
sharps waste for disposal. This section does not prohibit a city,
county, or city and county from adopting ordinances or policies
that establish a system for the collection of home-generated sharps
waste for disposal.

SEC. 2.  

Section 138.6 of the Labor Code is amended to read:

138.6.  

(a) The administrative director, in consultation with
the Insurance Commissioner and the Workers’ Compensation
Insurance Rating Bureau, shall develop a cost-efficient workers’
compensation information system, which shall be administered by
the division. The administrative director shall adopt regulations
specifying the data elements to be collected by electronic data
interchange.

(b) The information system shall do the following:

(1) Assist the department to manage the workers’ compensation
system in an effective and efficient manner.

(2) Facilitate the evaluation of the efficiency and effectiveness
of the delivery system.

(3) Assist in measuring how adequately the system indemnifies
injured workers and their dependents.

(4) Provide statistical data for research into specific aspects of
the workers’ compensation program.

(c) The data collected electronically shall be compatible with
the Electronic Data Interchange System of the International
Association of Industrial Accident Boards and Commissions. The
administrative director may adopt regulations authorizing the use
of other nationally recognized data transmission formats in addition
to those set forth in the Electronic Data Interchange System for
the transmission of data required pursuant to this section. The
administrative director shall accept data transmissions in any
authorized format. If the administrative director determines that
any authorized data transmission format is not in general use by
claims administrators, conflicts with the requirements of state or
federal law, or is obsolete, the administrative director may adopt
regulations eliminating that data transmission format from those
authorized pursuant to this subdivision.

(d) (1) The administrative director shall assess an administrative
penalty against a claims administrator for a violation of data
reporting requirements adopted pursuant to this section. The
administrative director shall promulgate a schedule of penalties
providing for an assessment of no more than five thousand dollars
($5,000) against a claims administrator in any single year,
calculated as follows:

(A) No more than one hundred dollars ($100) multiplied by the
number of violations in that year that resulted in a required data
report not being submitted or not being accepted.

(B) No more than fifty dollars ($50) multiplied by the number
of violations in that year that resulted in a required report being
late or accepted with an error.

(C) Multiple errors in a single report shall be counted as a single
violation.

(D)  begin delete No end delete begin insert A end insert penalty shall begin insert not end insert be assessed pursuant to Section 129.5
for any violation of data reporting requirements for which a penalty
has been or may be assessed pursuant to this section.

(2) The schedule promulgated by the administrative director
pursuant to paragraph (1) shall establish threshold rates of
violations that shall be excluded from the calculation of the
assessment, as follows:

(A) The threshold rate for reports that are not submitted or are
submitted but not accepted shall not be less than 3 percent of the
number of reports that are required to be filed by or on behalf of
the claims administrator.

(B) The threshold rate for reports that are accepted with an error
shall not be less than 3 percent of the number of reports that are
accepted with an error.

(C) The administrative director shall set higher threshold rates
as appropriate in recognition of the fact that the data necessary for
timely and accurate reporting may not be always available to a
claims administrator or the claims administrator’s agents.

(D) The administrative director may establish higher thresholds
for particular data elements that commonly are not reasonably
available.

(3) The administrative director may estimate the number of
required data reports that are not submitted by comparing a
statistically valid sample of data available to the administrative
director from other sources with the data reported pursuant to this
section.

(4) All penalties assessed pursuant to this section shall be
deposited in the Workers’ Compensation Administration Revolving
Fund.

(5) The administrative director shall publish an annual report
disclosing the compliance rates of claims administrators.

(e) The administrative director is encouraged to incorporate the
use of specific data elements that identify puncture wounds caused
by sharps waste in nonhealth care occupations that are collected
by electronic data interchange.

SEC. 3.  

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.