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.