Department

Act 96 of 2001, § 3, under BLOODBORNE PATHOGEN STANDARD ACT.

Act 96 of 2001, § 3

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.