Home > 106th Congressional Bills > S. 3068 (pcs) To amend the Immigration and Nationality Act to remove certain limitations on the eligibility of aliens residing in the United States to obtain lawful permanent resident status. [Placed on Calendar Senate] ...

S. 3068 (pcs) To amend the Immigration and Nationality Act to remove certain limitations on the eligibility of aliens residing in the United States to obtain lawful permanent resident status. [Placed on Calendar Senate] ...


Google
 
Web GovRecords.org








106th CONGRESS
  2d Session
                                S. 3067

To require changes in the bloodborne pathogens standard in effect under 
             the Occupational Safety and Health Act of 1970


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 19, 2000

    Mr. Jeffords (for himself, Mr. Enzi, Mr. Kennedy, and Mr. Reid) 
introduced the following bill; which was read twice and referred to the 
          Committee on Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
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.

    Congress makes the following findings:
            (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 Health and Safety 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 health care 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 health care facilities. More than 98 
        percent of health care 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 
        1930.1030(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 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 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) take effect on the date that is 90 days after the date 
        of such publication.
                                 <all>

Pages: 1

Other Popular 106th Congressional Bills Documents:

1 H.R. 121 (ih) To amend the Internal Revenue Code of 1986 to allow a refundable credit to military retirees for premiums paid for coverage under Medicare part B. [Introduced in House] ...
2 S.Con.Res. 66 (rfh) To authorize the printing of ``Capitol Builder: The Shorthand Journals of Captain Montgomery C. Meigs, 1853-1861''. [Referred in House] ...
3 H.R. 5472 (ih) To provide grants for the purchase of firearms to States and units of local government that enforce certain rules designed to protect the public from the misuse of handguns. [Introduced in House] ...
4 H.R. 39 (ih) To require the Secretary of the Interior to establish a program to provide assistance in the conservation of neotropical migratory birds. [Introduced in House] ...
5 H.J.Res. 9 (ih) Proposing an amendment to the Constitution of the United States to allow an item veto of appropriation bills. [Introduced in House] ...
6 H.R. 3625 (ih) To amend the Federal Water Pollution Control Act to exempt agricultural stormwater discharges and silviculture operations from permits under the national pollutant discharge elimination system, and for other purposes. [Introduced in House]...
7 H.Res. 80 (ih) Repealing rule XXIII of the Rules of the House of Representatives relating to the statutory limit on the public debt. [Introduced in House] ...
8 H.R. 4944 (ih) To amend the Small Business Act to permit the sale of guaranteed loans made for export purposes before the loans have been fully disbursed to borrowers. [Introduced in House] ...
9 S. 2845 (pcs) To authorize additional assistance to countries with large populations having HIV/AIDS, to authorize assistance for tuberculosis prevention, treatment, control, and elimination, and for other purposes. [Placed on Calendar Senate] %%Filename:...
10 H.Con.Res. 278 (ih) Authorizing the use of the Capitol Grounds for the 19th annual National Peace Officers' Memorial Service. [Introduced in House] ...
11 H.R. 98 (eh) To amend chapter 443 of title 49, United States Code, to extend the aviation war risk insurance program and to amend the Centennial of Flight Commemoration Act to make technical and other corrections. [Engrossed in House] ...
12 H.R. 3732 (ih) To provide for direct payment by foreign students of the information fee under section 641 of the Immigration Reform and Immigrant Responsibility Act of 1997. [Introduced in House] ...
13 H.R. 505 (ih) To establish a Presidential commission to determine the validity of certain land claims arising out of the Treaty of Guadalupe-Hidalgo of 1848 involving the descendants of persons who were Mexican citizens at the time of the Treaty. [Introdu...
14 H.R. 642 (ih) To redesignate the Federal building located at 701 South Santa Fe Avenue in Compton, California, and known as the Compton Main Post Office, as the ``Mervyn Malcolm Dymally Post Office Building''. [Introduced in House] ...
15 H.R. 3938 (ih) To suspend temporarily the duty on Pro-Jet Yellow 1 Stage. [Introduced in House] ...
16 H.R. 1832 (enr) To reform unfair and anticompetitive practices in the professional boxing industry. [Enrolled bill] ...
17 S. 1845 (is) To amend title 18, United States Code, to prohibit the sale or transfer of a firearm or ammunition to an intoxicated person. [Introduced in Senate] ...
18 S. 452 (rs) For the relief of Belinda McGregor. [Reported in Senate] ...
19 H.R. 1907 (rh) To amend title 35, United States Code, to provide enhanced protection for inventors and innovators, protect patent terms, reduce patent litigation, and for other purposes. [Reported in House] ...
20 S.Res. 268 (ats) Designating July 22 as ``National Fragile X Awareness Day''. [Agreed to Senate] ...
21 H.Res. 135 (ath) Providing for the concurrence by the House with an amendment in the Senate amendments to H.R. 98. [Agreed to House] ...
22 H.Con.Res. 196 (rfs) Permitting the use of the Rotunda of the Capitol for the presentation of the Congressional Gold Medal to President and Mrs. Gerald R. Ford. [Referred in Senate] ...
23 H.R. 3747 (ih) To extend the temporary suspension of duty on certain sensitizing dyes. [Introduced in House] ...
24 S. 1277 (is) To amend title XIX of the Social Security Act to establish a new prospective payment system for Federally-qualified health centers and rural health clinics. [Introduced in Senate] ...
25 H.R. 4079 (rh) To require the Comptroller General of the United States to conduct a comprehensive fraud audit of the Department of Education. [Reported in House] ...
26 S. 644 (is) For the relief of Sergeant Phillip Anthony Gibbs. [Introduced in Senate] ...
27 H.R. 1010 (ih) To improve participation in the 2000 decennial census by increasing the amounts available to the Bureau of the Census for marketing, promotion, and outreach. [Introduced in House] ...
28 H.R. 2080 (ih) To amend title 18, United States Code, to transport maximum security prisoners across State lines to prisons that are not classified to handle maximum security prisoners. [Introduced in House] ...
29 H.R. 3547 (ih) To amend title 18 of the United States Code to clarify the provisions respecting forfeiture for alien smuggling. [Introduced in House] ...
30 H.R. 4133 (ih) To amend the Internal Revenue Code of 1986 to reduce tax benefits for foreign corporations, 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