As Introduced 1
123rd General Assembly 4
Regular Session S. B. No. 183 5
1999-2000 6
SENATORS BRADY-DRAKE-DiDONATO-FINGERHUT-FURNEY-HAGAN- 8
HERINGTON-MALLORY-McLIN-PRENTISS-SHOEMAKER 9
_________________________________________________________________ 11
A B I L L
To amend sections 4167.01, 4167.07, 4167.09, and 13
4167.11 and to enact section 4167.041 of the 14
Revised Code to require each public employer that 15
employs public health care workers to develop an 16
exposure control plan incorporating the use of 17
needleless systems and sharps with injury
protection devices. 18
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 20
Section 1. That sections 4167.01, 4167.07, 4167.09, and 22
4167.11 be amended and section 4167.041 of the Revised Code be 23
enacted to read as follows: 24
Sec. 4167.01. As used in this chapter: 33
(A) "Public employer" means any of the following: 35
(1) The state and its instrumentalities; 37
(2) Any political subdivisions and their 39
instrumentalities, including any county, county hospital, 40
municipal corporation, city, village, township, park district, 41
school district, state institution of higher learning, public or 42
special district, state agency, authority, commission, or board; 43
(3) Any other branch of public employment not mentioned in 45
division (A)(1) or (2) of this section. 46
(B) "Public employee" means any individual who engages to 48
furnish services subject to the direction and control of a public 49
employer, including those individuals working for a private 50
employer who has contracted with a public employer and over whom 51
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the national labor relations board has declined jurisdiction. 52
"Public employee" does not mean any of the following: 53
(1) A fire fighter, an emergency medical 55
technician-ambulance, an advanced emergency medical 56
technician-ambulance, a paramedic, or a peace officer employed by 59
a public employer as defined in division (A)(2) of this section, 60
any member of the organized militia ordered to duty by state
authority pursuant to Chapter 5923. of the Revised Code, or a 61
fire fighter, an emergency medical technician-ambulance, an 64
advanced emergency medical technician-ambulance, or a paramedic 65
employed by a private employer that is organized as a nonprofit 66
fire company or life squad that contracts with a public employer 68
to provide fire protection or emergency medical services; 70
(2) Any person employed as a correctional officer in a 72
county or municipal corporation correctional institution, whether 73
the county or municipal corporation solely or in conjunction with 74
each other operates the institution;
(3) Any person who engages to furnish services subject to 76
the direction and control of a public employer but does not 77
receive compensation, either directly or indirectly, for those 78
services;
(4) Any forest officer, park officer, watercraft officer, 80
wildlife officer, or preserve officer. 81
(C) "Public employee representative" means an employee 83
organization certified by the state employment relations board 84
under section 4117.05 of the Revised Code as the exclusive 85
representative of the public employees in a bargaining unit. 86
(D) "Employment risk reduction standard" means a standard 88
which requires conditions, or the adoption or use of one or more 89
practices, means, methods, operations, or processes, reasonably 90
necessary or appropriate to provide safe and healthful employment 91
and places of employment. 92
(E) "Ohio employment risk reduction standard" means any 94
risk reduction standard adopted or issued under this chapter. 95
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(F) "Undue hardship" means any requirement imposed under 97
this chapter or a rule or order issued thereunder that would 98
require a public employer to take an action with significant 99
difficulty or expense when considered in light of all of the 100
following factors: 101
(1) The nature and cost of the action required under this 103
chapter; 104
(2) The overall financial resources of the public employer 106
involved in the action; 107
(3) The number of persons employed by the public employer 109
at the particular location where the action may be required; 110
(4) The effect on expenses and resources or the impact 112
otherwise of the action required upon the operations of the 113
public employer at the location where the action may be required; 114
(5) The overall size of the public employer with respect 116
to the number of its public employees; 117
(6) The number, type, and location of the public 119
employer's operations, including the composition, structure, and 120
functions of the workforce of the public entity; 121
(7) The geographic separateness, administrative, or fiscal 123
relationship of the public employer's operations to the whole 124
public employer. 125
(G) "BLOOD BORNE PATHOGEN" MEANS PATHOGENIC MICROORGANISMS 127
THAT CAN CAUSE HIV AND HEPATITIS A, B, AND C AND ANY OTHER 129
PATHOGENIC MICROORGANISMS THAT ARE PRESENT IN HUMAN BLOOD AND CAN 130
CAUSE DISEASE IN HUMANS.
(H) "ENGINEERED SHARPS INJURY PROTECTION" MEANS A PHYSICAL 132
ATTRIBUTE BUILT INTO EITHER: 133
(1) A NEEDLE DEVICE USED FOR WITHDRAWING BODY FLUIDS, 135
ACCESSING A VEIN OR ARTERY, OR ADMINISTERING MEDICATIONS OR OTHER 136
FLUIDS, WHICH EFFECTIVELY REDUCES THE RISK OF AN EXPOSURE 137
INCIDENT BY A MECHANISM SUCH AS A BARRIER CREATION, BLUNTING, 138
ENCAPSULATION, WITHDRAWAL, RETRACTION, DESTRUCTION, OR OTHER 139
EFFECTIVE MECHANISM;
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(2) ANY OTHER TYPE OF NEEDLE DEVICE, OR A NON-NEEDLE 141
SHARP, WHICH EFFECTIVELY REDUCES THE RISK OF AN EXPOSURE 142
INCIDENT.
(I) "PUBLIC HEALTH CARE WORKER" MEANS A PERSON WHO IS 144
EMPLOYED BY A PUBLIC EMPLOYER IN A POSITION WITH POTENTIAL 145
OCCUPATIONAL EXPOSURE TO SHARPS-RELATED INJURIES. 146
(J) "FRONTLINE HEALTH CARE WORKER" MEANS A PERSON WHO IS 148
EMPLOYED BY A PUBLIC EMPLOYER AND IS RESPONSIBLE FOR DIRECT 150
PATIENT CARE WITH POTENTIAL OCCUPATIONAL EXPOSURE TO 151
SHARPS-RELATED INJURIES.
(K) "NEEDLELESS SYSTEM" MEANS A DEVICE THAT DOES NOT 153
UTILIZE NEEDLES FOR THE FOLLOWING: 154
(1) WITHDRAWALS OF BODY FLUIDS AFTER INITIAL VENOUS OR 156
ARTERIAL ACCESS IS ESTABLISHED; 157
(2) ADMINISTRATION OF MEDICATION OR FLUIDS; 159
(3) ANY OTHER PROCEDURE INVOLVING THE POTENTIAL FOR 161
EXPOSURE TO BLOOD OR OTHER MATERIAL POTENTIALLY CONTAINING BLOOD 162
BORNE PATHOGENS.
(L) "SHARP" MEANS ANY OBJECT USED OR ENCOUNTERED IN A 164
HEALTH CARE SETTING THAT CAN BE REASONABLY ANTICIPATED TO 165
PENETRATE THE SKIN OR ANY PART OF THE BODY AND RESULT IN AN 166
EXPOSURE INCIDENT.
(M) "SHARPS INJURY" MEANS ANY INJURY CAUSED BY A SHARP. 168
Sec. 4167.041. (A) EACH PUBLIC EMPLOYER THAT EMPLOYS 170
PUBLIC HEALTH CARE WORKERS SHALL DO ALL OF THE FOLLOWING: 171
(1) ESTABLISH A COMMITTEE TO EVALUATE PRODUCTS THAT REDUCE 173
THE RISK OF SPREADING BLOOD BORNE PATHOGENS, AT LEAST HALF THE 174
MEMBERS OF WHICH ARE FRONTLINE PUBLIC HEALTH CARE WORKERS FROM A 175
VARIETY OF OCCUPATIONAL CLASSIFICATIONS AND DEPARTMENTS, 176
INCLUDING NURSES, NURSE AIDES, TECHNICIANS, PHLEBOTOMISTS, AND 177
PHYSICIANS;
(2) INCLUDE AS ENGINEERING AND WORK PRACTICE CONTROLS 179
NEEDLELESS SYSTEMS AND SHARPS WITH ENGINEERED SHARPS AND INJURY 180
PROTECTION, EXCEPT THAT THE EMPLOYER MAY APPLY FOR A VARIANCE 181
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FROM THE REQUIREMENTS OF THIS SECTION UNDER DIVISION (D) OF 182
SECTION 4167.09 OF THE REVISED CODE, FOR EITHER OF THE FOLLOWING 183
REASONS: 184
(a) NONE OF THESE DEVICES ARE AVAILABLE IN THE 186
MARKETPLACE.
(b) THE EVALUATION COMMITTEE DETERMINES THAT USE OF THESE 188
DEVICES WILL JEOPARDIZE PATIENT OR EMPLOYEE SAFETY WITH REGARD TO 190
A SPECIFIC MEDICAL PROCEDURE. 191
(3) DEVELOP AND IMPLEMENT A WRITTEN EXPOSURE CONTROL PLAN 193
CONSISTENT WITH THE EMPLOYMENT RISK REDUCTION STANDARD ADOPTED BY 194
THE PUBLIC EMPLOYMENT RISK REDUCTION ADVISORY COMMISSION PURSUANT 195
TO SECTION 4167.07 OF THE REVISED CODE, INCLUDING PROCEDURES FOR 196
BOTH OF THE FOLLOWING: 197
(a) IDENTIFYING AND SELECTING NEEDLELESS SYSTEMS AND 199
SHARPS WITH ENGINEERED SHARPS INJURY PROTECTION; 200
(b) UPDATING, AT LEAST ONCE A YEAR, THE EXPOSURE CONTROL 202
PLAN WHEN NECESSARY TO REFLECT PROGRESS IN IMPLEMENTING 203
NEEDLELESS SYSTEMS AND SHARPS WITH ENGINEERED SHARPS INJURY 204
PROTECTION.
(4) ENSURE THAT ALL PUBLIC HEALTH CARE WORKERS ARE TRAINED 206
IN THE USE OF ENGINEERING AND WORK PRACTICE CONTROLS BEFORE 207
UNDERTAKING ANY TASK WITH POTENTIAL OCCUPATIONAL EXPOSURE TO 208
SHARPS-RELATED INJURIES.
(B) THE PRODUCT EVALUATION COMMITTEE SHALL ADVISE THE 210
EMPLOYER ON THE IMPLEMENTATION OF THE REQUIREMENTS OF THIS 211
SECTION. PRIOR TO COMMENCEMENT OF ANY PRODUCT EVALUATION, 212
MEMBERS OF THE COMMITTEE SHALL BE TRAINED IN THE PROPER METHOD OF 213
UTILIZING PRODUCT EVALUATION CRITERIA.
Sec. 4167.07. (A) The public employment risk reduction 222
advisory commission shall adopt rules that establish employment 223
risk reduction standards. Except as provided in division (B) of 224
this section, in adopting these rules, the commission shall do 225
both ALL of the following: 226
(1) By no later than July 1, 1994, adopt as a rule and an 228
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Ohio employment risk reduction standard every federal 229
occupational safety and health standard then adopted by the 230
United States secretary of labor pursuant to the "Occupational 231
Safety and Health Act of 1970," 84 Stat. 1590, 29 U.S.C.A. 651, 232
as amended; 233
(2) By no later than one hundred twenty days after the 235
United States secretary of labor adopts, modifies, or revokes any 236
federal occupational safety and health standard, by rule do one 237
of the following: 238
(a) Adopt the federal occupational safety and health 240
standard as a rule and an Ohio employment risk reduction 241
standard; 242
(b) Amend the existing rule and Ohio employment risk 244
reduction standard to conform to the modification of the federal 245
occupational safety and health standard; 246
(c) Rescind the existing rule and Ohio employment risk 248
reduction standard that corresponds to the federal occupational 249
safety and health standard the United States secretary of labor 250
revoked. 251
(3) BY NO LATER THAN ONE HUNDRED EIGHTY DAYS AFTER THE 253
EFFECTIVE DATE OF THIS AMENDMENT, BY RULE DO ALL OF THE 254
FOLLOWING:
(a) PRESCRIBE AND, WHEN APPROPRIATE, UPDATE ADDITIONAL 256
CONTROL PROCEDURES TO PREVENT SHARPS INJURIES AND INCIDENTS OF 257
EXPOSURE TO BLOOD OR OTHER MATERIAL POTENTIALLY CONTAINING BLOOD 258
BORNE PATHOGENS INCLUDING THE FOLLOWING: 259
(i) TRAINING AND EDUCATIONAL REQUIREMENTS; 261
(ii) INCREASED USE OF VACCINATIONS; 263
(iii) STRATEGIC PLACEMENT OF SHARPS CONTAINERS AS CLOSE TO 265
THE WORK AREA AS PRACTICAL; 266
(iv) INCREASED USE OF PERSONAL PROTECTIVE EQUIPMENT. 268
(b) COMPILE AND MAINTAIN A LIST OF NEEDLELESS SYSTEMS AND 270
SHARPS WITH ENGINEERED SHARPS INJURY PROTECTION, WHICH SHALL BE 272
AVAILABLE TO ASSIST PUBLIC EMPLOYERS IN COMPLYING WITH SECTION 273
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4167.041 OF THE REVISED CODE. THE LIST MAY BE DEVELOPED FROM 275
EXISTING SOURCES OF INFORMATION, INCLUDING THE FEDERAL FOOD AND 276
DRUG ADMINISTRATION, THE FEDERAL CENTERS FOR DISEASE CONTROL, THE 277
NATIONAL INSTITUTE OF OCCUPATIONAL SAFETY AND HEALTH, AND THE 279
UNITED STATES DEPARTMENT OF VETERANS AFFAIRS. 280
(B) The commission may decline to adopt any federal 282
occupational safety and health standard as a rule and an Ohio 283
employment risk reduction standard or to modify or rescind any 284
existing rule and Ohio employment risk reduction standard to 285
conform to any federal occupational safety and health standard 286
modified or revoked by the United States secretary of labor or 287
may adopt as a rule and an Ohio employment risk reduction 288
standard any occupational safety and health standard that is not 289
covered under the federal law or that differs from one adopted or 290
modified by the United States secretary of labor, if the 291
commission determines that existing rules and Ohio employment 292
risk reduction standards provide protection at least as effective 293
as that which would be provided by the existing, new, or modified 294
federal occupational safety and health standard or if it 295
determines that local conditions warrant a different standard 296
from that of the existing federal occupational safety and health 297
standard or from standards the United States secretary of labor 298
adopts, modifies, or revokes. 299
(C) In adopting, modifying, or rescinding any rule or Ohio 301
employment risk reduction standard dealing with toxic materials 302
or harmful physical agents, the commission shall do all of the 303
following: 304
(1) Set the employment risk reduction standard to most 306
adequately assure, to the extent technologically feasible and on 307
the basis of the best available evidence, that no public employee 308
will suffer material impairment of health or functional capacity 309
as a result of the hazards dealt with by the rule or Ohio 310
employment risk reduction standard for the period of the public 311
employee's working life; 312
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(2) Base the development of these rules and Ohio 314
employment risk reduction standards on research, demonstrations, 315
experiments, and other information as is appropriate and upon the 316
technological feasibility of the rule and standard, using the 317
latest available scientific data in the field and the experience 318
gained in the workplace under this chapter and other health and 319
safety laws, to establish the highest degree of safety and health 320
for the public employee; 321
(3) Whenever practicable, express the rule and Ohio 323
employment risk reduction standard in terms of objective criteria 324
and of the performance desired; 325
(4) Prescribe the use of labels or other appropriate forms 327
of warning as are necessary to ensure that public employees are 328
apprised of all hazards to which they are exposed, relevant 329
symptoms and appropriate emergency treatment, and proper 330
conditions and precautions of safe use or exposure where 331
appropriate; 332
(5) Prescribe suitable protective equipment and control 334
procedures to be used in connection with the hazards; 335
(6) Provide for measuring or monitoring public employee 337
exposure in a manner necessary for the protection of the public 338
employees; 339
(7) Where appropriate, prescribe the type and frequency of 341
medical examinations or other tests the public employer shall 342
make available, at the cost of the public employer, to the public 343
employees exposed to the hazards in order to determine any 344
adverse effect from the exposure. 345
(D) In determining the priority for adopting rules and 347
Ohio employment risk reduction standards under this section, the 348
commission shall give due regard to the urgency of need and 349
recommendations of the department of health regarding that need 350
for mandatory employment risk reduction standards for particular 351
trades, crafts, occupations, services, and workplaces. 352
(E)(1) Except for rules adopted under division (A) of this 354
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section, the commission shall adopt all rules under this section 355
in accordance with Chapter 119. of the Revised Code, provided 356
that notwithstanding that chapter, the commission may delay the 357
effective date of any rule or Ohio employment risk reduction 358
standard for the period the commission determines necessary to 359
ensure that affected public employers and public employees will 360
be informed of the adoption, modification, or rescission of the 361
rule and Ohio employment risk reduction standard and have the 362
opportunity to familiarize themselves with the specific 363
requirements of the rule and standard. In no case, however, 364
shall the commission delay the effective date of a rule adopted 365
pursuant to Chapter 119. of the Revised Code in excess of ninety 366
days beyond the otherwise required effective date. 367
(2) In regard to the rules for which the commission does 369
not have to comply with Chapter 119. of the Revised Code, the 370
commission shall file two certified copies of the rules and Ohio 371
employment risk reduction standards adopted with the secretary of 372
state and the director of the legislative service commission. 373
Sec. 4167.09. (A) Any public employer affected by a 382
proposed rule or Ohio employment risk reduction standard or any 383
provision thereof proposed under section 4167.07 or 4167.08 of 384
the Revised Code may apply to the administrator of the bureau of 386
employment services for an order granting a temporary variance 388
from the standard or provision thereof. The application for the 389
order and any extension thereof shall contain a reasonable 390
application fee, as determined by the public employment risk 391
reduction advisory commission, and all of the following 392
information:
(1) A specification of the Ohio public employment risk 394
reduction standard or portion thereof from which the public 395
employer seeks the temporary variance; 396
(2) A representation by the public employer, supported by 398
representations from qualified persons having firsthand knowledge 399
of the facts represented, that the public employer is unable to 400
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comply with the Ohio employment risk reduction standard or 401
portion thereof and a detailed statement of the reasons therefor; 402
(3) A statement of the steps that the public employer has 404
taken and will take, with dates specified, to protect employees 405
against the hazard covered by the standard; 406
(4) A statement of when the public employer expects to be 408
able to comply fully with the Ohio employment risk reduction 409
standard and what steps he THE PUBLIC EMPLOYER has taken and will 411
take, with dates specified, to come into full compliance with the 412
standard;
(5) A certification that the public employer has informed 414
his THE PUBLIC EMPLOYER'S public employees of the application by 415
giving a copy of the application to the public employee 417
representative, if any, and by posting a statement giving a 418
summary of the application and specifying where a copy of the 419
application may be examined at the place or places where notices 420
to public employees are normally posted, and by any other 421
appropriate means of public employee notification. The public 422
employer must also inform his THE PUBLIC EMPLOYER'S public 423
employees of their rights to a hearing under section 4167.15 of 424
the Revised Code. The certification also shall contain a 425
description of how public employees have been informed of the 426
application and of their rights to a hearing. 427
(B) The administrator shall issue an order providing for a 430
temporary variance if the public employer files an application
that meets the requirements of division (A) of this section and 431
establishes that all of the following pertaining to the public 432
employer are true: 433
(1) He THE PUBLIC EMPLOYER is unable to comply with the 435
Ohio employment risk reduction standard or a provision thereof by 437
its effective date because of the unavailability of professional 438
or technical personnel or of materials and equipment needed to 439
come into compliance with the Ohio employment risk reduction 440
standard or provision thereof or because necessary construction 441
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or alteration of facilities cannot be completed by the effective 442
date of the standard. 443
(2) He THE PUBLIC EMPLOYER is taking all available steps 445
to safeguard his THE PUBLIC EMPLOYER'S public employees against 446
the hazards covered by the Ohio employment risk reduction 448
standard.
(3) He THE PUBLIC EMPLOYER has an effective program for 450
coming into compliance with the Ohio employment risk reduction 452
standard as quickly as practicable. 453
(4) The granting of the variance will not create an 455
imminent danger of death or serious physical harm to public 456
employees. 457
(C)(1) If the administrator issues an order providing for 459
a temporary variance under division (B) of this section, the 460
administrator shall prescribe the practices, means, methods, 461
operations, and processes that the public employer must adopt and 463
use while the order is in effect and state in detail the public 464
employer's program for coming into compliance with the Ohio 465
employment risk reduction standard. The administrator may issue 466
the order only after providing notice to affected public 468
employees and their public employee representative, if any, and 469
an opportunity for a hearing pursuant to section 4167.15 of the 470
Revised Code, provided that the administrator may issue one 471
interim order granting a temporary order to be effective until a 474
decision on a hearing is made. Except as provided in division 475
(C)(2) of this section, no temporary variance may be in effect 476
for longer than the period needed by the public employer to 477
achieve compliance with the Ohio employment risk reduction 478
standard or one year, whichever is shorter. 479
(2) The administrator may renew an order issued under 481
division (C) of this section up to two times provided that the 483
requirements of divisions (A), (B), and (C)(1) of this section 484
and section 4167.15 of the Revised Code are met and the public 485
employer files an application for renewal with the administrator 486
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at least ninety days prior to the expiration date of the order. 488
(D) Any public employer affected by DIVISION (A)(2) OF 490
SECTION 4167.041 OF THE REVISED CODE OR an Ohio employment risk 491
reduction standard or any provision thereof proposed, adopted, or 492
otherwise issued under section 4167.07 or 4167.09 of the Revised 494
Code may apply to the administrator for an order granting a 495
variance from the REQUIREMENT OR standard or portion thereof. 496
The administrator shall provide affected public employees and
their public employee representative, if any, notice of the 497
application and shall provide an opportunity for a hearing 499
pursuant to section 4167.15 of the Revised Code. The 500
administrator shall issue the order granting the variance if the 502
public employer files an application that meets the requirements 503
of division (B) of this section, and after an opportunity for a 504
hearing pursuant to section 4167.15 of the Revised Code, and if 505
the public employer establishes to the satisfaction of the 506
administrator that the conditions, practices, means, methods, 507
operations, or processes used or proposed to be used by him THE 508
PUBLIC EMPLOYER will provide employment and places of employment 509
to his THE PUBLIC EMPLOYER'S public employees that are as safe 510
and healthful as those that would prevail if he THE PUBLIC 511
EMPLOYER complied with DIVISION (A)(2) OF SECTION 4167.041 OF THE 512
REVISED CODE OR the Ohio employment risk reduction standard. The 514
administrator shall prescribe in the order granting the variance 515
the conditions the public employer must maintain, and the 516
practices, means, methods, operations, and processes he THE 517
PUBLIC EMPLOYER must adopt and utilize in lieu of DIVISION (A)(2) 518
OF SECTION 4167.041 OF THE REVISED CODE OR the Ohio employment 519
risk reduction standard which would otherwise apply. The
administrator may modify or revoke the order upon application of 521
the public employer, public employee, or public employee 522
representative, or upon his THE ADMINISTRATOR'S own motion in the 524
manner prescribed for the issuance of an order under this 525
division at any time during six months after the date of issuance 526
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of the order.
Sec. 4167.11. (A) In order to further the purposes of 535
this chapter, the administrator of the bureau of employment 536
services shall develop and maintain, for public employers and 537
public employees, an effective program of collection, 538
compilation, and analysis of employment risk reduction 539
statistics. 540
(B) To implement and maintain division (A) of this 542
section, the public employment risk reduction advisory commission 543
shall adopt rules in accordance with Chapter 119. of the Revised 544
Code that extend to all of the following: 545
(1) Requiring each public employer to make, keep, and 547
preserve, and make available to the administrator, reports and 548
records regarding the public employer's activities, as determined 549
by the rule that are necessary or appropriate for the enforcement 550
of this chapter or for developing information regarding the 551
causes and prevention of occupational accidents and illnesses. 552
The rule shall prescribe which of these reports and records shall 553
or may be furnished to public employees and public employee 554
representatives. 555
(2) Requiring every public employer, through posting of 557
notices or other appropriate means, to keep their public 558
employees informed of public employees' rights and obligations 559
under this chapter, including the provisions of applicable Ohio 560
employment risk reduction standards; 561
(3) Requiring public employers to maintain accurate 563
records of public employee exposure to potentially toxic 564
materials, carcinogenic materials, and harmful physical agents 565
that are required to be monitored or measured under rules adopted 566
under the guidelines of division (C) of section 4167.07 of the 567
Revised Code. The rule shall provide public employees or public 568
employee representatives an opportunity to observe the monitoring 569
or measuring, and to have access on request to the records 570
thereof, and may provide public employees or public employee 571
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representatives an opportunity to participate in and to undertake 572
their own monitoring or measuring. The rules also shall permit 573
each current or former public employee to have access to the 574
records that indicate their own exposure to toxic materials, 575
carcinogenic materials, or harmful agents. 576
(4) REQUIRING PUBLIC EMPLOYERS SUBJECT TO SECTION 4167.041 578
OF THE REVISED CODE TO MAINTAIN ACCURATE RECORDS OF PUBLIC HEALTH 580
CARE WORKER SHARPS INJURIES AND INCIDENTS OF EXPOSURE TO BLOOD OR
OTHER MATERIAL POTENTIALLY CONTAINING BLOOD BORNE PATHOGENS. THE 582
RULES SHALL REQUIRE THE RECORDS TO CONTAIN THE FOLLOWING 583
INFORMATION:
(a) THE DATE AND TIME OF THE INJURY OR INCIDENT; 585
(b) THE TYPE AND BRAND OF SHARP INVOLVED; 587
(c) A DESCRIPTION OF THE INJURY OR INCIDENT INCLUDING ALL 589
OF THE FOLLOWING: 590
(i) THE JOB CLASSIFICATION OF EACH EMPLOYEE INVOLVED; 592
(ii) THE DEPARTMENT OR WORK AREA WHERE THE INJURY OR 594
INCIDENT OCCURRED; 595
(iii) THE PROCEDURE THAT THE EMPLOYEE WAS PERFORMING AT 597
THE TIME OF THE INJURY OR INCIDENT; 598
(iv) HOW THE INJURY OR INCIDENT OCCURRED; 600
(v) THE BODY PART INVOLVED; 602
(vi) IF A SHARP THAT HAD ENGINEERED SHARPS INJURY 604
PROTECTION WAS INVOLVED IN AN INJURY, WHETHER THE INJURY OCCURRED 605
BEFORE, DURING, OR AFTER ACTIVATION OF THE PROTECTIVE MECHANISM; 606
(vii) IF A SHARP THAT DID NOT HAVE ENGINEERED SHARPS 608
INJURY PROTECTION WAS INVOLVED IN AN INJURY, AN ASSESSMENT OF 609
WHETHER AND HOW SUCH A MECHANISM COULD HAVE PREVENTED THE INJURY, 610
AND THE BASIS FOR THE ASSESSMENT. 611
(C) The administrator shall obtain any information under 613
division (B) of this section with a minimum burden upon the 614
public employer and shall, to the maximum extent feasible, reduce 615
unnecessary duplication of efforts in obtaining the information. 616
Section 2. That existing sections 4167.01, 4167.07, 618
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4167.09, and 4167.11 of the Revised Code are hereby repealed. 619
Section 3. Sections 4167.01 and 4167.11 of the Revised 621
Code are presented in this act as composites of the sections as 622
amended by both Am. Sub. H.B. 10 and Am. Sub. S.B. 162 of the 623
121st General Assembly, with the new language of neither of the 625
acts shown in capital letters. This is in recognition of the 626
principle stated in division (B) of section 1.52 of the Revised 627
Code that such amendments are to be harmonized where not 628
substantively irreconcilable and constitutes a legislative 629
finding that such is the resulting version in effect prior to the 630
effective date of this act.