Home > 106th Congressional Bills > H.R. 5179 (ih) To amend the Fair Labor Standards Act of 1938 to limit the number of overtime hours of licensed health care employees. [Introduced in House] ...

H.R. 5179 (ih) To amend the Fair Labor Standards Act of 1938 to limit the number of overtime hours of licensed health care employees. [Introduced in House] ...


Google
 
Web GovRecords.org


106th CONGRESS
  2d Session
                                H. R. 5178


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

            October 4 (legislative day, September 22), 2000

                                Received

_______________________________________________________________________

                                 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 Representatives 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, 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 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 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) 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) within 6 months of the date of the 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.

            Passed the House of Representatives October 3, 2000.

            Attest:

                                                 JEFF TRANDAHL,

                                                                 Clerk.

Pages: 1

Other Popular 106th Congressional Bills Documents:

1 H.R. 5368 (ih) To extend the deadline for commencement of construction of a hydroelectric project in the State of Ohio. [Introduced in House] ...
2 H.Con.Res. 187 (rfs) Expressing the sense of Congress regarding the European Council noise rule affecting hushkitted and reengined aircraft. [Referred in Senate] ...
3 S. 522 (rs) To amend the Federal Water Pollution Control Act to improve the quality of beaches and coastal recreation water, and for other purposes. [Reported in Senate] ...
4 H.R. 3521 (ih) To amend chapter 8 of title 5, United States Code, to provide for a report by the General Accounting Office to Congress on agency regulatory actions, and for other purposes. [Introduced in House] ...
5 H.Con.Res. 137 (ih) Expressing the sense of Congress with regard to the recommendations of the National Gambling Impact Study Commission. [Introduced in House] ...
6 S. 2406 (rs) To amend the Immigration and Nationality Act to provide permanent authority for entry into the United States of certain religious workers. [Reported in Senate] ...
7 H.R. 3629 (ih) To amend the Higher Education Act of 1965 to improve the program for American Indian Tribal Colleges and Universities under part A of title III. [Introduced in House] ...
8 S. 1088 (is) To authorize the Secretary of Agriculture to convey certain administrative sites in national forests in the State of Arizona, to convey certain land to the City of Sedona, Arizona for a wastewater treatment facility, and for other purposes. [...
9 S. 1455 (rs) To enhance protections against fraud in the offering of financial assistance for college education, and for other purposes. [Reported in Senate] ...
10 H.R. 4503 (rh) To provide for the preservation and restoration of historic buildings at historically women's public colleges or universities. [Reported in House] ...
11 S.Res. 251 (ats) Designating March 25, 2000, as ``Greek Independence Day: A National Day of Celebration of Greek and American Democracy''. [Agreed to Senate] ...
12 H.Con.Res. 251 (rs) Commending the Republic of Croatia for the conduct of its parliamentary and presidential elections. [Reported in Senate] ...
13 H.R. 2164 (ih) To amend the Internal Revenue Code of 1986 to made the dependent care credit refundable and to provide for advance payments of such credit. [Introduced in House] ...
14 H.R. 5389 (ih) To authorize the Secretary of the Army to convey certain real property in the city of Joliet, Illinois, to the Joliet Park District for use as the park district's headquarters. [Introduced in House] ...
15 S. 810 (is) To amend the Internal Revenue Code of 1986 to expand alternatives for [Introduced in Senate] ...
16 H.R. 46 (rh) To provide for a national medal for public safety officers who act with extraordinary valor above and beyond the call of duty. [Reported in House] ...
17 S. 2684 (is) To redesignate and reauthorize as anchorage certain portions of the project for navigation, Narraguagus River, Milbridge, Maine. [Introduced in Senate] ...
18 H.R. 4444 (rh) To authorize extension of nondiscriminatory treatment (normal trade relations treatment) to the People's Republic of China. [Reported in House] ...
19 H.R. 1359 (rfs) To designate the Federal building and United States courthouse to be constructed at 10 East Commerce Street in Youngstown, Ohio, as the ``Frank J. Battisti and Nathaniel R. Jones Federal Building and United States Courthouse''. [Referred i...
20 S. 2439 (es) To authorize the appropriation of funds for the construction of the Southeastern Alaska Intertie system, and for other purposes. [Engrossed in Senate] ...
21 H.R. 2513 (eh) To direct the Administrator of General Services to acquire a building located in Terre Haute, Indiana, and for other purposes. [Engrossed in House] ...
22 S. 2046 (es) To reauthorize the Next Generation Internet Act, and for other purposes. [Engrossed in Senate] ...
23 S. 594 (is) To ban the importation of large capacity ammunition feeding devices. [Introduced in Senate] ...
24 S. 3193 (is) To amend section 527 of the Internal Revenue Code of 1986 to exempt State and local political committees from required notification of section 527 status. [Introduced in Senate] ...
25 H.R. 1776 (rh) To expand homeownership in the United States. [Reported in House] ...
26 H.R. 3986 (enr) To provide for a study of the engineering feasibility of a water exchange in lieu of electrification of the Chandler Pumping Plant at Prosser Diversion Dam, Washington. [Enrolled bill] ...
27 H.R. 4251 (ih) To amend the North Korea Threat Reduction Act of 1999 to enhance congressional oversight of nuclear transfers to North Korea, and for other purposes. [Introduced in House] ...
28 S. 1594 (rs) To amend the Small Business Act and Small Business Investment Act of 1958. [Reported in Senate] ...
29 H.R. 5007 (ih) To amend title II of the Social Security Act to provide an exception to [Introduced in House] ...
30 H.R. 2267 (ih) To amend the National Trails System Act to clarify Federal authority relating to land acquisition from willing sellers for the majority of the trails, and for other purposes. [Introduced in House] ...


Other Documents:

106th Congressional Bills Records and Documents

GovRecords.org presents information on various agencies of the United States Government. Even though all information is believed to be credible and accurate, no guarantees are made on the complete accuracy of our government records archive. Care should be taken to verify the information presented by responsible parties. Please see our reference page for congressional, presidential, and judicial branch contact information. GovRecords.org values visitor privacy. Please see the privacy page for more information.
House Rules:

104th House Rules
105th House Rules
106th House Rules

Congressional Bills:

104th Congressional Bills
105th Congressional Bills
106th Congressional Bills
107th Congressional Bills
108th Congressional Bills

Supreme Court Decisions

Supreme Court Decisions

Additional

1995 Privacy Act Documents
1997 Privacy Act Documents
1994 Unified Agenda
2004 Unified Agenda

Congressional Documents:

104th Congressional Documents
105th Congressional Documents
106th Congressional Documents
107th Congressional Documents
108th Congressional Documents

Congressional Directory:

105th Congressional Directory
106th Congressional Directory
107th Congressional Directory
108th Congressional Directory

Public Laws:

104th Congressional Public Laws
105th Congressional Public Laws
106th Congressional Public Laws
107th Congressional Public Laws
108th Congressional Public Laws

Presidential Records

1994 Presidential Documents
1995 Presidential Documents
1996 Presidential Documents
1997 Presidential Documents
1998 Presidential Documents
1999 Presidential Documents
2000 Presidential Documents
2001 Presidential Documents
2002 Presidential Documents
2003 Presidential Documents
2004 Presidential Documents

Home Executive Judicial Legislative Additional Reference About Privacy