106TH CONGRESS
2D SESSION
H. R. 5178
AN ACT
To require changes in the bloodborne pathogens
standard in effect under the Occupational Safety
and Health Act of 1970.
106TH CONGRESS
2D SESSION
H. R. 5178
AN ACT
To require changes in the bloodborne pathogens standard
in effect under the Occupational Safety and Health Act
of 1970.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress 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, includ-
ing the human immunodeficiency virus (HIV), hepa-
titis B, and hepatitis C from exposure to blood and
other potentially infectious materials in their work-
place.
(2) In 1991 the Occupational Safety and
Health Administration issued a standard regulating
occupational exposure to bloodborne pathogens, in-
cluding 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 inju-
ries 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 patho-
gens 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, in-
cluding safer medical devices.
(6) 396 interested parties responded to a Re-
quest for Information (in this section referred to as
the ‘‘RFI’’) conducted by the Occupational Safety
and Health Administration in 1998 on engineering
and work practice controls used to eliminate or mini-
mize the risk of occupational exposure to bloodborne
pathogens due to percutaneous injuries from con-
taminated sharps. Comments were provided by
health care facilities, groups representing healthcare
workers, researchers, educational institutions, pro-
fessional and industry associations, and manufactur-
ers 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 in-
juries.
(8) In March 2000, the Centers for Disease
Control and Prevention estimated that, depending
on the type of device used and the procedure in-
volved, 62 to 88 percent of sharps injuries can po-
tentially be prevented by the use of safer medical de-
vices.
(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
needle sharp or a needle device used for withdrawing
body fluids, accessing a vein or artery, or admin-
istering 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 fluids, or (C) any other procedure involving the
potential for occupational exposure to bloodborne
pathogens due to percutaneous injuries from con-
taminated 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 de-
signed to eliminate or minimize occupational ex-
posure’’.
(5) The following additional recordkeeping re-
quirement shall be added to the bloodborne patho-
gens standard at 29 CFR 1910.1030(h): ‘‘The em-
ployer 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 in-
jured 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 oc-
curred.’’.
The requirement for such sharps injury log shall not
apply to any employer who is not required to main-
tain 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 employ-
ees responsible for direct patient care who are poten-
tially exposed to injuries from contaminated sharps
in the identification, evaluation, and selection of ef-
fective engineering and work practice controls and
shall document the solicitation in the Exposure Con-
trol Plan.’’.
SEC. 4. EFFECT OF MODIFICATIONS.
The modifications under section 3 shall be in force
until superseded in whole or in part by regulations promul-
gated 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 require-
ments 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) within 6 months of the date of the enact-
ment of this Act, be made and published in the Fed-
eral Register by the Secretary of Labor acting
through the Occupational Safety and Health Admin-
istration; and
(2) at the end of 90 days after such publication,
take effect.
Passed the House of Representatives October 3,
2000.
Attest:
Clerk.