Section 144.7 Of Chapter 6. Occupational Safety And Health Standards Board From California Labor Code >> Division 1. >> Chapter 6.
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 injury 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 injury 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
injury 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 injury
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.