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
identification and evaluation of program and device
effectiveness.
(10) Training and education in the use of safer
medical devices and safer work practices are signifi-
cant elements in the prevention of percutaneous ex-
posure incidents. Staff involvement in the device se-
lection 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 1930.1030(b)) shall include as addi-
tional 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 non-
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 consideration and imple-
mentation of appropriate commercially available
and effective safer medical devices designed to
eliminate or minimize occupational exposure’’.
(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 enactment
of this Act, be made and published in the Federal
Register by the Secretary of Labor acting through
the Occupational Safety and Health Administration;
and
(2) at the end of 90 days after such publication,
take effect.
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