AB 2674, as amended, Skinner. Occupational safety and health standards: hazardous disinfectants.
Under existing law, the Occupational Safety and Health Standards Board within the Department of Industrial Relations promulgates 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 is a crime.
This bill would require the board to adopt standards to protect health care personnel and patients from the effects of toxic disinfectants, as defined. The bill would require the board, in adopting these standards, to consider current scientific evidence and recommendations adopted by the National Institute for Occupational Safety and Health.
By creating a new 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:
The Legislature finds and declares the following:
2(a) Health care personnel who work with or near hazardous
3disinfectants in health care settings may be exposed to hazardous
4agents in the air, on work surfaces, clothing, medical equipment,
5and in contact with patients.
6(b) According to the National Institute for Occupational Safety
7and Health (NIOSH), pregnant nurses who were exposed to toxic
8disinfectants in the workplace experienced a miscarriage rate that
9was double the rate of miscarriages among nurses not similarly
10exposed.
11(c) It is in the best interests of the state that the Occupational
12Safety and Health Standards Boardbegin delete studyend deletebegin insert reviewend insert the health effects
13of toxic disinfectants and adopt standards to protect health care
14personnel from hazardous exposure to these disinfectants.
Section 144.9 is added to the Labor Code, to read:
(a) As used in this section, the following definitions
17shall apply:
18(1) “Disinfectant” means a chemical agent, regulated by the
19federal Environmental Protection Agency, that eliminates
20pathogens on inanimate objects.
21(2) “NIOSH” means the National Institute for Occupational
22Safety and Health of the federal Centers for Disease Control and
23Prevention.
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(b) The board shall adopt an occupational safety and health
25standard to protect patients and health care personnel from the
26toxic effects of disinfectants regardless of the setting. In developing
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the standard, the board shall consider input from hospitals,
28practicing physicians from impacted specialties, including
29epidemiology, organizations representing health care personnel,
30including registered nurses, custodians, patients, and other
31stakeholders, and shall determine a reasonable time for facilities
32to implement new requirements imposed by the adopted standard.
33The standard, to the extent feasible, shall consider the most recent
P3 1scientific evidence available and shall incorporate applicable
2updates and changes to the NIOSH guidelines.
No reimbursement is required by this act pursuant to
4Section 6 of Article XIII B of the California Constitution because
5the only costs that may be incurred by a local agency or school
6district will be incurred because this act creates a new crime or
7infraction, eliminates a crime or infraction, or changes the penalty
8for a crime or infraction, within the meaning of Section 17556 of
9the Government Code, or changes the definition of a crime within
10the meaning of Section 6 of Article XIII B of the California
11Constitution.
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