New law codifies needle safety into OSHA bloodborne standard

Frontline workers must be included

The federal Needlestick Safety and Prevention Act — which was introduced by U.S. Reps. Cass Ballenger (R-NC) and Major Owens (D-NY) and subsequently signed into law on Nov. 6, 2000 — officially amends the 1991 bloodborne pathogen standard by the Occupational Safety and Health Administration. As outlined in the law, the modifications will be published in the Federal Register within six months of the signing date. Ninety days after that the law will take effect, revising the bloodborne pathogens standard as follows:

- The definition of engineering controls shall include as additional examples of controls the following: "safer medical devices, such as sharps with engineered sharps injury protections and needleless systems."

- The term "sharps with engineered sharps injury protections" shall be added to the definitions 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."

- The term "needleless systems" shall be added to the definitions and defined as "a device that does not use needles for: the collection of bodily fluids or withdrawal of body fluids after initial venous or arterial access is established; the administration of medication or fluids; or any other procedure involving the potential for occupational exposure to bloodborne pathogens due to percutaneous injuries from contaminated sharps."

- In addition to the existing requirements concerning exposure control plans, the review and update of such plans shall be required to also: "reflect changes in technology that eliminate or reduce exposure to bloodborne pathogens" and "document annually consideration and implementation of appropriate commercially available and effective safer medical devices designed to eliminate or minimize occupational exposure."

- The following additional record-keeping requirement shall be added: "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, the type and brand of device involved in the incident; the department or work area where the exposure incident occurred, and an explanation of how the incident occurred."

- The following new section shall be added: "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."