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Exemptions in draft Cal-OSHA amendment

Exemptions in draft Cal-OSHA amendment

Proposed regulatory changes in California Occupational Safety and Health Administration's bloodborne pathogen standard would require health care facilities to implement needle safety devices according to the following definitions and exemptions. The highlights summarized below are from a July 17, 1998, second draft of the regulation:1

"Needleless system" means a fluid-carrying device that does not utilize needles for the withdrawal of body fluids, the administration of medication or fluids, or any other procedure involving the potential for an exposure incident.

"Engineered Sharps Injury Protection" means either a physical attribute built into a needle device used for drawing body fluids, accessing a vein or artery, or administering medication or fluids, which effectively reduces the risk of an exposure incident by a mechanism such as barrier creation, blunting, encapsulation, withdrawal or other effective mechanisms; or a physical attribute built into non-needle sharps, or objects that can become sharps, which effectively reduces the risk of an exposure incident.

Methods of compliance

Needleless systems shall be used for withdrawal of body fluids, administration of medication or fluids, and any other procedure involving the potential for an exposure incident for which a needleless system is available as an alternative to the use of needle devices.

Exception: The use of a needleless system is not required if a physician or dentist determines that the device will jeopardize the delivery of patient care, or if the device is not reasonably available to the employer.

If needleless systems are not used, needles with engineered sharps injury protection shall be used for withdrawal of body fluids, accessing a vein or artery, administration of medication or fluids, and any other procedure involving the potential for an exposure incident for which a needle device with engineered sharps injury protection is available.

Exception: A needle device with engineered sharps injury protection is not required if a physician or dentist determines that the device will jeopardize the delivery of patient care; the device is not reasonably available to the employer; the device is no more effective in preventing exposure incidents than the alternative used by the employer; or reasonably specific and reliable information is not available on the efficacy of the device for the employer's procedures, and the employer is actively seeking information about the efficacy of the device or a substantially similar device.

Reference

1. State of California Division of Occupational Safety and Health. Department of Industrial Relations. Draft 2: Proposed Changes in Title 8 California Code of Regulations, Section 5193, Bloodborne Pathogens. San Francisco; 1998.