Congress takes up needlestick prevention legislation
Congress takes up needlestick prevention legislation modeled after groundbreaking California initiative
California law may become the law of the land with the recent introduction of the Health Care Worker Needlestick Prevention Act of 1999 by U.S. Representatives Pete Stark (D-CA) and Marge Roukema (R-NJ).
The California law and the federal bill are "really pretty much the same," says a spokeswoman for Mr. Stark. Like the Golden State’s law, the Stark bill would amend the current bloodborne pathogens standard to require that employers use needleless systems and sharps with engineered protections to prevent the spread of bloodborne pathogens in the workplace. Exceptions include circumstances in which currently commercially available technology does not promote employee safety, interferes with patient safety, or interferes with the success of a medical procedure.
A second requirement would mandate that employers develop written exposure control plans to identify and select existing needleless systems and sharps with engineered protections and other methods of preventing the spread of bloodborne pathogens. Employers also would have to train direct care health care workers adequately on the use of needleless technologies and systems with engineered sharps protection.
Broader reporting requirements
The Stark bill also would expand the current reporting requirements of the Occupational Safety and Health Administration (OSHA).
"California collects more information than we do currently through OSHA requirements," according to the Stark spokeswoman. "Today you don’t have to report all needlesticks, just those that are [possibly] contaminated. There will be much broader requirements [under this bill], and it will be very specific what you must report."
Information such as type of device, type of health care worker, and the situation of the needlestick could be required. However, providers will not have to submit the information regularly. Instead, they will be required to collect the data and keep it on file so the information will be readily available if OSHA inspectors request it.
The bill also proposed to establish a clearinghouse within the National Institute for Occupational Safety and Health (NIOSH) to collect data on engineered safety technology designed to help prevent the risk of needlesticks and other sharps injuries. NIOSH would have access to the sharps injury logs in order to carry out these duties. The clearinghouse also would create model training curriculum for employers and health care workers. However, the bill calls for $15 million in new funding for the three tasks.
The bill appears to be on the fast track. There are already 41 co-sponsors for the bill as of press time, with bipartisan support and no outspoken opponents.
"We haven’t seen anyone actively lobbying against this," according to the spokeswoman. "But we have seen pretty wide-based support. We really feel that the time has come. If California can do this, the federal government should be able to do this."
At press time, California was one of 18 states and the District of Columbia with approved or proposed needlestick legislation, according to the Service Employees International Union (see list, p. 7).
OSHA not waiting
If the Stark bill doesn’t manage to wind its way into law, OSHA doesn’t appear to be waiting. OSHA administrator Charles Jeffress recently announced that the agency plans to strengthen its current requirement that health care facilities evaluate their policies on the use of safety devices.
OSHA also recently released a report on its analysis of current practices regarding needlestick safety as well as the financial impact. The report notes that conventional IV catheters for IV access cost 75 cents, while safer catheters cost $1.75. For a 250- to 300-bed hospital to switch, the report estimates an additional cost of $33,500 a year.
Contact Mr. Stark’s office at (202) 225-5065.
| State-level Safe-needle Legislation | |
| Arkansas | Recently introduced |
| California | Passed |
| Connecticut | Introduced |
| District of Columbia | Introduced |
| Florida | Introduced, but stalled |
| Illinois | Passed the House unanimously |
| Iowa | Introduced |
| Maryland | Bill passed requiring the state and outside groups to study the issue |
| Massachusetts | Introduced |
| Michigan | Introduced |
| New Hampshire | The SEIU is petitioning the state labor commission for an administrative rule change on OSHA that would require safe needles |
| New Jersey | Passed |
| New York | Bill may be introduced shortly |
| Ohio | At press time, a bill awaited introduction |
| Oregon | Introduced |
| Pennsylvania | Legislation being drafted |
| Tennessee | Legislation passed, but does not include an implementation date |
| Texas | Introduced |
| Source: Steve Trossman, Service Employees International Union. | |
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