Section 3208.05 Of Chapter 1. General Provisions From California Labor Code >> Division 4. >> Part 1. >> Chapter 1.
3208.05
. (a) "Injury" includes a reaction to or a side effect
arising from health care provided by an employer to a health care
worker, which health care is intended to prevent the development or
manifestation of any bloodborne disease, illness, syndrome, or
condition recognized as occupationally incurred by Cal-OSHA, the
federal Centers for Disease Control and Prevention, or other
appropriate governmental entities. This section shall apply only to
preventive health care that the employer provided to a health care
worker under the following circumstances: (1) prior to an exposure
because of risk of occupational exposure to such a disease, illness,
syndrome, or condition, or (2) where the preventive care is provided
as a consequence of a documented exposure to blood or bodily fluid
containing blood that arose out of and in the course of employment.
Such a disease, illness, syndrome, or condition includes, but is not
limited to, hepatitis, and the human immunodeficiency virus. Such
preventive health care, and any disability indemnity or other
benefits required as a result of the preventive health care provided
by the employer, shall be compensable under the workers' compensation
system. The employer may require the health care worker to document
that the employer provided the preventive health care and that the
reaction or side effects arising from the preventive health care
resulted in lost work time, health care costs, or other costs
normally compensable under workers' compensation.
(b) The benefits of this section shall not be provided to a health
care worker for a reaction to or side effect from health care
intended to prevent the development of the human immunodeficiency
virus if the worker claims a work-related exposure and if the worker
tests positive within 48 hours of that exposure to a test to
determine the presence of the human immunodeficiency virus.
(c) For purposes of this section, "health care worker" includes
any person who is an employee of a provider of health care as defined
in Section 56.05 of the Civil Code, and who is exposed to human
blood or other bodily fluids contaminated with blood in the course of
employment, including, but not limited to, a registered nurse, a
licensed vocational nurse, a certified nurse aide, clinical
laboratory technologist, dental hygienist, physician, janitor, and
housekeeping worker. "Health care worker" does not include an
employee who provides employee health services for an employer
primarily engaged in a business other than providing health care.