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[106th Congress Public Law 430]
[From the U.S. Government Printing Office]

<DOC>
[DOCID: f:publ430.106]

[[Page 114 STAT. 1901]]

Public Law 106-430
106th Congress

                                 An Act

 
To require changes in the bloodborne pathogens standard in effect under 
    the Occupational Safety and Health Act of 1970. <<NOTE: Nov. 6, 
                         2000 -  [H.R. 5178]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress <<NOTE: Needlestick Safety and 
Prevention Act.>> assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Needlestick Safety and Prevention 
Act''.

SEC. 2. FINDINGS.

    The Congress finds the following:
            (1) Numerous workers who are occupationally exposed to 
        bloodborne pathogens have contracted fatal and other serious 
        viruses and diseases, including the human immunodeficiency virus 
        (HIV), hepatitis B, and hepatitis C from exposure to blood and 
        other potentially infectious materials in their workplace.
            (2) In 1991 the Occupational Safety and Health 
        Administration issued a standard regulating occupational 
        exposure to bloodborne pathogens, including the human 
        immunodeficiency virus, (HIV), the hepatitis B virus (HBV), and 
        the hepatitis C virus (HCV).
            (3) Compliance with the bloodborne pathogens standard has 
        significantly reduced the risk that workers will contract a 
        bloodborne disease in the course of their work.
            (4) Nevertheless, occupational exposure to bloodborne 
        pathogens from accidental sharps injuries in health care 
        settings continues to be a serious problem. In March 2000, the 
        Centers for Disease Control and Prevention estimated that more 
        than 380,000 percutaneous injuries from contaminated sharps 
        occur annually among health care workers in United States 
        hospital settings. Estimates for all health care settings are 
        that 600,000 to 800,000 needlestick and other percutaneous 
        injuries occur among health care workers annually. Such injuries 
        can involve needles or other sharps contaminated with bloodborne 
        pathogens, such as HIV, HBV, or HCV.
            (5) Since publication of the bloodborne pathogens standard 
        in 1991 there has been a substantial increase in the number and 
        assortment of effective engineering controls available to 
        employers. There is now a large body of research and data 
        concerning the effectiveness of newer engineering controls, 
        including safer medical devices.
            (6) 396 interested parties responded to a Request for 
        Information (in this section referred to as the ``RFI'') 
        conducted

[[Page 114 STAT. 1902]]

        by the Occupational Safety and Health Administration in 1998 on 
        engineering and work practice controls used to eliminate or 
        minimize the risk of occupational exposure to bloodborne 
        pathogens due to percutaneous injuries from contaminated sharps. 
        Comments were provided by health care facilities, groups 
        representing healthcare workers, researchers, educational 
        institutions, professional and industry associations, and 
        manufacturers of medical devices.
            (7) Numerous studies have demonstrated that the use of safer 
        medical devices, such as needleless systems and sharps with 
        engineered sharps injury protections, when they are part of an 
        overall bloodborne pathogens risk-reduction program, can be 
        extremely effective in reducing accidental sharps injuries.
            (8) In March 2000, the Centers for Disease Control and 
        Prevention estimated that, depending on the type of device used 
        and the procedure involved, 62 to 88 percent of sharps injuries 
        can potentially be prevented by the use of safer medical 
        devices.
            (9) The OSHA 200 Log, as it is currently maintained, does 
        not sufficiently reflect injuries that may involve exposure to 
        bloodborne pathogens in healthcare facilities. More than 98 
        percent of healthcare facilities responding to the RFI have 
        adopted surveillance systems in addition to the OSHA 200 Log. 
        Information gathered through these surveillance systems is 
        commonly used for hazard identification and evaluation of 
        program and device effectiveness.
            (10) Training and education in the use of safer medical 
        devices and safer work practices are significant elements in the 
        prevention of percutaneous exposure incidents. Staff involvement 
        in the device selection and evaluation process is also an 
        important element to achieving a reduction in sharps injuries, 
        particularly as new safer devices are introduced into the work 
        setting.
            (11) Modification of the bloodborne pathogens standard is 
        appropriate to set forth in greater detail its requirement that 
        employers identify, evaluate, and make use of effective safer 
        medical devices.

SEC. 3. BLOODBORNE PATHOGENS STANDARD.

    The bloodborne pathogens standard published at 29 CFR 1910.1030 
shall be revised as follows:
            (1) The definition of ``Engineering Controls'' (at 29 CFR 
        1910.1030(b)) shall include as additional examples of controls 
        the following: ``safer medical devices, such as sharps with 
        engineered sharps injury protections and needleless systems''.
            (2) The term ``Sharps with Engineered Sharps Injury 
        Protections'' shall be added to the definitions (at 29 CFR 
        1910.1030(b)) and defined as ``a nonneedle sharp or a needle 
        device used for withdrawing body fluids, accessing a vein or 
        artery, or administering medications or other fluids, with a 
        built-in safety feature or mechanism that effectively reduces 
        the risk of an exposure incident''.
            (3) The term ``Needleless Systems'' shall be added to the 
        definitions (at 29 CFR 1910.1030(b)) and defined as ``a device 
        that does not use needles for: (A) the collection of bodily 
        fluids or withdrawal of body fluids after initial venous or 
        arterial access is established; (B) the administration of 
        medication or

[[Page 114 STAT. 1903]]

        fluids; or (C) any other procedure involving the potential for 
        occupational exposure to bloodborne pathogens due to 
        percutaneous injuries from contaminated sharps''.
            (4) In addition to the existing requirements concerning 
        exposure control plans (29 CFR 1910.1030(c)(1)(iv)), the review 
        and update of such plans shall be required to also--
                    (A) ``reflect changes in technology that eliminate 
                or reduce exposure to bloodborne pathogens''; and
                    (B) ``document annually consideration and 
                implementation of appropriate commercially available and 
                effective safer medical devices designed to eliminate or 
                minimize occupational exposure''.
            (5) <<NOTE: Records.>> The following additional 
        recordkeeping requirement shall be added to the bloodborne 
        pathogens standard at 29 CFR 1910.1030(h): ``The employer shall 
        establish and maintain a sharps injury log for the recording of 
        percutaneous injuries from contaminated sharps. The information 
        in the sharps injury log shall be recorded and maintained in 
        such manner as to protect the confidentiality of the injured 
        employee. The sharps injury log shall contain, at a minimum--
                    ``(A) the type and brand of device involved in the 
                incident,
                    ``(B) the department or work area where the exposure 
                incident occurred, and
                    ``(C) an explanation of how the incident 
                occurred.''.
        The requirement for such sharps injury log shall not apply to 
        any employer who is not required to maintain a log of 
        occupational injuries and illnesses under 29 CFR 1904 and the 
        sharps injury log shall be maintained for the period required by 
        29 CFR 1904.6.
            (6) The following new section shall be added to the 
        bloodborne pathogens standard: ``An employer, who is required to 
        establish an Exposure Control Plan shall solicit input from non-
        managerial employees responsible for direct patient care who are 
        potentially exposed to injuries from contaminated sharps in the 
        identification, evaluation, and selection of effective 
        engineering and work practice controls and shall document the 
        solicitation in the Exposure Control Plan.''.

SEC. 4. EFFECT OF MODIFICATIONS.

    The modifications under section 3 shall be in force until superseded 
in whole or in part by regulations promulgated by the Secretary of Labor 
under section 6(b) of the Occupational Safety and Health Act of 1970 (29 
U.S.C. 655(b)) and shall be enforced in the same manner and to the same 
extent as any rule or regulation promulgated under section 6(b).

SEC. 5. PROCEDURE AND EFFECTIVE DATE.

    (a) Procedure.--The modifications of the bloodborne pathogens 
standard prescribed by section 3 shall take effect without regard to the 
procedural requirements applicable to regulations promulgated under 
section 6(b) of the Occupational Safety and Health Act of 1970 (29 
U.S.C. 655(b)) or the procedural requirements of chapter 5 of title 5, 
United States Code.
    (b) Effective Date.--The modifications to the bloodborne pathogens 
standard required by section 3 shall--
            (1) <<NOTE: Deadline. Federal Register, 
        publication.>> within 6 months of the date of the enactment of 
        this Act, be made and published in the Federal Register by the

[[Page 114 STAT. 1904]]

        Secretary of Labor acting through the Occupational Safety and 
        Health Administration; and
            (2) at the end of 90 days after such publication, take 
        effect.

    Approved November 6, 2000.

LEGISLATIVE HISTORY--H.R. 5178:
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CONGRESSIONAL RECORD, Vol. 146 (2000):
            Oct. 3, considered and passed House.
            Oct. 26, considered and passed Senate.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 36 (2000):
            Nov. 6, Presidential statement.

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