Needlestick Safety and Prevention Act
PL 106-430 (H.R.5178), enacted 11/06/2000

PUBLIC LAW 106-430—NOV. 6, 2000 
114 STAT. 1901 
Public Law 106-430 
106th Congress 
An Act 
To reqtiire changes in the bloodbome pathogens standard in effect under the Occupa- 
Nov. 6, 2000 
tional Safety and Health Act of 1970. 
[H.R. 5178] 
Be it enacted by the Senate and House of Representatives 
of 
the United States of America in Congress assembled, 
Needlestick 
Safety and 
SECTION 1. SHORT TITLE. 
Prevention Act. 
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 
bloodbome 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 work-
place. 
(2) In 1991 the Occupational Safety and Health Administra-
tion issued a standard regulating occupational exposure to 
bloodbome pathogens, including the human immunodeficiency 
virus, (HIV), the hepatitis B virus (HBV), and the hepatitis 
Cvims(HCV). 
(3) Compliance with the bloodbome pathogens standard 
has significantly reduced the risk that workers will contract 
a bloodbome disease in the course of their work. 
(4) Nevertheless, occupational exposure to bloodbome 
pathogens from accidental sharps injuries in health care set-
tings 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 
bloodbome pathogens, such as HIV, HBV, or HCV. 
(5) Since publication of the bloodbome 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 
114 STAT. 1902 
PUBLIC LAW 106-430—NOV. 6, 2000 
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, edu-
cational 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 engi-
neered 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 
PUBLIC LAW 106-430—NOV. 6, 2000 
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)(l)(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 implementa-
tion of appropriate commercially available and effective 
safer medical devices designed to eliminate or minimize 
occupational exposure". 
(5) The following additional recordkeeping requirement Records. 
shall be added to the bloodborne pathogens standard at 29 
CFR 1910.1030(h): "The employer shall estabUsh 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 t5TDe 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 super-
seded in whole or in part by regulations promulgated by the Sec-
retary of Labor under section 6(b) of the Occupational Safety and 
Health Act of 1970 (29 U.S.C. 655(b)) and shall V 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 promul-
gated 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 enactment of this 
Act, be made and published in the Federal Register by the 
Deadline. 
Federal Register, 
publication. 
114 STAT. 1904 
PUBLIC LAW 106-430—NOV. 6, 2000 
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: 
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.