Pennsylvania Act 2001-96 — BLOODBORNE PATHOGEN STANDARD ACT

Act text

BLOODBORNE PATHOGEN STANDARD ACT
                  Act of Dec. 13, 2001, P.L. 873, No. 96              Cl. 35
                                  AN ACT

     Requiring the Department of Health to establish bloodborne
        pathogen standards for public employees.

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

     Section 1.  Short title.
        This act shall be known and may be cited as the Bloodborne
     Pathogen Standard Act.
     Section 2.  Definitions.
        The following words and phrases when used in this act shall
     have the meanings given to them in this section unless the
     context clearly indicates otherwise:
        "Bloodborne pathogen."  A pathogenic microorganism which is
     present in human blood and can cause disease in humans. The term
     includes hepatitis B virus (HBV), hepatitis C virus (HCV) and
     human immunodeficiency virus (HIV).
        "Department."  The Department of Health of the Commonwealth.
        "Employer."  An employer having public employees whose duties
     could reasonably result in occupational exposure to blood or
     other material potentially containing a bloodborne pathogen.
        "Engineered sharps injury protection."  Any of the following:
            (1)  A physical attribute built into a needle device used
        for withdrawing body fluids, accessing a vein or artery or
        administering medications or other fluids which effectively
        reduces the risk of exposure to bodily fluid by a mechanism
        such as barrier creation, blunting, encapsulation,
        withdrawal, retraction, destruction or other effective
        mechanisms.
            (2)  A physical attribute built into any other type of
        needle device or into a nonneedle sharp which effectively
        reduces the risk of exposure to bodily fluid.
        "Needleless system."  A device which does not utilize needles
     for:
            (1)  the withdrawal of body fluids after initial venous
        or arterial access is established;
            (2)  the administration of medication or fluids; or
            (3)  any other procedure involving the potential for
        exposure to bodily fluid.
        "Public employee."  An employee of the Commonwealth or a
     political subdivision employed in a health care facility, home
     health care organization or other facility providing health
     care-related services:
            (1)  whose activities involve contact with a patient or
        with blood or other body fluid from a patient in a health
        care or laboratory setting; or
            (2)  who is responsible for direct patient care with
        potential occupational exposure to a sharps injury.
     The term does not include a licensed individual who provides
     only intraoral care.
        "Sharp."  An object used or encountered in a health care
     setting which can be reasonably anticipated to penetrate the
     skin or any other part of the body and to result in exposure to
     bodily fluid. The term includes a needle device, scalpel or
     lancet, broken glass or a broken capillary tube.
        "Sharps injury."  An injury caused by a sharp and resulting
     in exposure to bodily fluid. The term includes any cut, abrasion
     or needlestick.
        "Sharps injury log."  A written or electronic record of
     sharps injuries.
     Section 3.  Department.
        (a)  Adoption of standard.--Within six months of the
     effective date of this act, the department shall adopt a
     bloodborne pathogen standard governing public employees. The
     standard shall be at least as prescriptive as the standard
     promulgated by the Federal Occupational Safety and Health
     Administration and shall include the following:
            (1)  A requirement that needleless systems and sharps
        with engineered sharps injury protection be included as
        engineering and work practice controls. Engineering controls
        under this paragraph shall not be required if none is
        available in the marketplace.
            (2)  A requirement that each public employee receive
        education on the use of an engineering control before a
        control is introduced into the clinical setting.
            (3)  A requirement that each employer develop and
        implement an effective written exposure control plan which
        includes procedures for all of the following:
                (i)  Updating the written exposure control plan when
            necessary, but at least once each year, to reflect
            progress in implementing needleless systems and sharps
            with engineered sharps injury protection.
                (ii)  Recording information concerning exposure to
            bodily fluid in a sharps injury log. This subparagraph
            includes:
                    (A)  Date and time of the exposure.
                    (B)  Type and brand of sharp involved in the
                exposure.
                    (C)  Description of the exposure. This clause
                includes:
                        (I)  Job classification of the exposed public
                    employee.
                        (II)  Department or work area where the
                    exposure occurred.
                        (III)  Procedure which the exposed public
                    employee was performing at the time of the
                    exposure.
                        (IV)  How the exposure occurred.
                        (V)  Body part involved in the exposure.
                        (VI)  If the sharp had engineered sharps
                    injury protection, whether the protective
                    mechanism was activated and whether the injury
                    occurred before the protective mechanism was
                    activated, during activation of the mechanism or
                    after activation of the mechanism.
                        (VII)  If the sharp had no engineered sharps
                    injury protection, whether and how such a
                    mechanism could have prevented the injury. This
                    subclause requires statement of the basis for the
                    assessment.
                        (VIII)  An assessment of whether any other
                    engineering, administrative or work practice
                    control could have prevented the injury. This
                    subclause requires statement of the basis for the
                    assessment.
        (b)  Additional measures.--The department shall consider
     additional measures to prevent sharps injuries or exposure to
     bodily fluid. This subsection includes training and educational
     requirements, increased use of vaccinations, strategic placement
     of sharps containers as close to the work area as practical and
     increased use of personal protective equipment.
        (c)  Regulations.--The department may promulgate regulations
     to implement this act.
     Section 4.  Employers.
        (a)  Complaints.--Each employer shall develop and implement
     compliance monitoring procedures and a complaint process.
        (b)  Review.--Each employer shall provide its public
     employees an opportunity to evaluate engineered sharps injury
     prevention devices and needleless systems in an accident and
     illness prevention program.
     Section 5.  Implementation.
        The use of a drug or biologic which is prepackaged with an
     administration system or used in a prefilled syringe and is
     approved for commercial distribution or investigational use by
     the United States Food and Drug Administration is exempt from
     standards adopted under this act for a period of three years
     from the effective date of this act.
     Section 6.  Applicability to contractors.
        Nothing in this act shall prohibit an employer from applying
     the principles of this act to a contractor.
     Section 7.  Effective date.
        This act shall take effect in 120 days.