Cal-OSHA device reg cites four exemptions
A Cal-OSHA regulation to enforce California’s new law designed to protect health care workers from bloodborne infections via needlesticks cites the following four exceptions to requirements to implement needle-safety devices (engineering controls):
1. Market Availability: The engineering control is not required if it is not available in the marketplace.
2. Patient Safety: The engineering control is not required if a licensed health care professional directly involved in a patient’s care determines, in the reasonable exercise of clinical judgement, that use of the engineering control will jeopardize the patient’s safety or the success of a medical, dental or nursing procedure involving the patient. The determination shall be documented.
3. Safety Performance: The engineering control is not required if the employer can demonstrate by means of objective product evaluation criteria that the engineering control is not more effective in preventing exposure incidents than the alternative used by the employer.
4. Availability of Safety Performance Information: The engineering control is not required if the employer can demonstrate that reasonably specific and reliable information is not available on the safety performance of the engineering control for the employer’s procedures, and that the employer is actively determining via objective product evaluation criteria whether use of the engineering control will reduce the risk of exposure incidents occurring in the employer’s workplace.