As Reported by the Senate Health, Human Services 2
and Aging Committee 2
123rd General Assembly 5
Regular Session Sub. S. B. No. 183 6
1999-2000 7
SENATORS BRADY-DRAKE-DiDONATO-FINGERHUT-FURNEY-HAGAN- 9
HERINGTON-MALLORY-McLIN-PRENTISS-SHOEMAKER-BLESSING-KEARNS 10
_________________________________________________________________ 12
A B I L L
To amend sections 4167.01 and 4167.09 and to enact 15
sections 4167.25 to 4167.28 of the Revised Code
to require that each public employer of health 17
care workers develop an exposure control plan 18
incorporating the use of needleless systems and 19
sharps with injury protection devices. 20
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 22
Section 1. That sections 4167.01 and 4167.09 be amended 25
and sections 4167.25, 4167.26, 4167.27, and 4167.28 of the
Revised Code be enacted to read as follows: 27
Sec. 4167.01. As used in this chapter: 36
(A) "Public employer" means any of the following: 38
(1) The state and its instrumentalities; 40
(2) Any political subdivisions and their 42
instrumentalities, including any county, county hospital, 43
municipal corporation, city, village, township, park district, 44
school district, state institution of higher learning, public or 45
special district, state agency, authority, commission, or board; 46
(3) Any other branch of public employment not mentioned in 48
division (A)(1) or (2) of this section. 49
(B) "Public employee" means any individual who engages to 51
furnish services subject to the direction and control of a public 52
employer, including those individuals working for a private 53
employer who has contracted with a public employer and over whom 54
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the national labor relations board has declined jurisdiction. 55
"Public employee" does not mean any of the following: 56
(1) A fire fighter, an emergency medical 58
technician-ambulance TECHNICIAN-BASIC, an advanced emergency 60
medical technician-ambulance TECHNICIAN-INTERMEDIATE, a 61
paramedic, or a peace officer employed by a public employer as 63
defined in division (A)(2) of this section, any member of the 64
organized militia ordered to duty by state authority pursuant to 65
Chapter 5923. of the Revised Code, or a fire fighter, an
emergency medical technician-ambulance TECHNICIAN-BASIC, an 68
advanced emergency medical technician-ambulance
TECHNICIAN-INTERMEDIATE, or a paramedic employed by a private 71
employer that is organized as a nonprofit fire company or life 72
squad that contracts with a public employer to provide fire 73
protection or emergency medical services; 75
(2) Any person employed as a correctional officer in a 77
county or municipal corporation correctional institution, whether 78
the county or municipal corporation solely or in conjunction with 79
each other operates the institution;
(3) Any person who engages to furnish services subject to 81
the direction and control of a public employer but does not 82
receive compensation, either directly or indirectly, for those 83
services;
(4) Any forest officer, park officer, watercraft officer, 85
wildlife officer, or preserve officer. 86
(C) "Public employee representative" means an employee 88
organization certified by the state employment relations board 89
under section 4117.05 of the Revised Code as the exclusive 90
representative of the public employees in a bargaining unit. 91
(D) "Employment risk reduction standard" means a standard 93
which requires conditions, or the adoption or use of one or more 94
practices, means, methods, operations, or processes, reasonably 95
necessary or appropriate to provide safe and healthful employment 96
and places of employment. 97
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(E) "Ohio employment risk reduction standard" means any 99
risk reduction standard adopted or issued under this chapter. 100
(F) "Undue hardship" means any requirement imposed under 102
this chapter or a rule or order issued thereunder that would 103
require a public employer to take an action with significant 104
difficulty or expense when considered in light of all of the 105
following factors: 106
(1) The nature and cost of the action required under this 108
chapter; 109
(2) The overall financial resources of the public employer 111
involved in the action; 112
(3) The number of persons employed by the public employer 114
at the particular location where the action may be required; 115
(4) The effect on expenses and resources or the impact 117
otherwise of the action required upon the operations of the 118
public employer at the location where the action may be required; 119
(5) The overall size of the public employer with respect 121
to the number of its public employees; 122
(6) The number, type, and location of the public 124
employer's operations, including the composition, structure, and 125
functions of the workforce of the public entity; 126
(7) The geographic separateness, administrative, or fiscal 128
relationship of the public employer's operations to the whole 129
public employer. 130
Sec. 4167.09. (A) Any public employer affected by a 139
proposed rule or Ohio employment risk reduction standard or any 140
provision thereof proposed under section 4167.07 or, 4167.08, OR 142
4167.26 of the Revised Code may apply to the director of commerce 144
for an order granting a temporary variance from the standard or 146
provision thereof. The application for the order and any 147
extension thereof shall contain a reasonable application fee, as 148
determined by the public employment risk reduction advisory 149
commission, and all of the following information: 150
(1) A specification of the Ohio public employment risk 152
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reduction standard or portion thereof from which the public 153
employer seeks the temporary variance; 154
(2) A representation by the public employer, supported by 156
representations from qualified persons having firsthand knowledge 157
of the facts represented, that the public employer is unable to 158
comply with the Ohio employment risk reduction standard or 159
portion thereof and a detailed statement of the reasons therefor; 160
(3) A statement of the steps that the public employer has 162
taken and will take, with dates specified, to protect employees 163
against the hazard covered by the standard; 164
(4) A statement of when the public employer expects to be 166
able to comply fully with the Ohio employment risk reduction 167
standard and what steps the public employer has taken and will 169
take, with dates specified, to come into full compliance with the 170
standard;
(5) A certification that the public employer has informed 172
the public employer's public employees of the application by 173
giving a copy of the application to the public employee 175
representative, if any, and by posting a statement giving a 176
summary of the application and specifying where a copy of the 177
application may be examined at the place or places where notices 178
to public employees are normally posted, and by any other 179
appropriate means of public employee notification. The public 180
employer must also inform the public employer's public employees 182
of their rights to a hearing under section 4167.15 of the Revised 183
Code. The certification also shall contain a description of how 184
public employees have been informed of the application and of 185
their rights to a hearing.
(B) The director shall issue an order providing for a 189
temporary variance if the public employer files an application
that meets the requirements of division (A) of this section and 190
establishes that all of the following pertaining to the public 191
employer are true: 192
(1) The public employer is unable to comply with the Ohio 194
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employment risk reduction standard or a provision thereof by its 196
effective date because of the unavailability of professional or 197
technical personnel or of materials and equipment needed to come 198
into compliance with the Ohio employment risk reduction standard 199
or provision thereof or because necessary construction or 200
alteration of facilities cannot be completed by the effective 201
date of the standard. 202
(2) The public employer is taking all available steps to 204
safeguard the public employer's public employees against the 205
hazards covered by the Ohio employment risk reduction standard. 207
(3) The public employer has an effective program for 209
coming into compliance with the Ohio employment risk reduction 211
standard as quickly as practicable. 212
(4) The granting of the variance will not create an 214
imminent danger of death or serious physical harm to public 215
employees. 216
(C)(1) If the director issues an order providing for a 220
temporary variance under division (B) of this section, the
director shall prescribe the practices, means, methods, 222
operations, and processes that the public employer must adopt and 224
use while the order is in effect and state in detail the public 225
employer's program for coming into compliance with the Ohio 226
employment risk reduction standard. The director may issue the 227
order only after providing notice to affected public employees 230
and their public employee representative, if any, and an 231
opportunity for a hearing pursuant to section 4167.15 of the 232
Revised Code, provided that the director may issue one interim 233
order granting a temporary order to be effective until a decision 237
on a hearing is made. Except as provided in division (C)(2) of 238
this section, no temporary variance may be in effect for longer 239
than the period needed by the public employer to achieve 240
compliance with the Ohio employment risk reduction standard or 241
one year, whichever is shorter. 242
(2) The director may renew an order issued under division 245
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(C) of this section up to two times provided that the 246
requirements of divisions (A), (B), and (C)(1) of this section 247
and section 4167.15 of the Revised Code are met and the public 248
employer files an application for renewal with the director at 249
least ninety days prior to the expiration date of the order. 252
(D) Any public employer affected by an Ohio employment 254
risk reduction standard or any provision thereof proposed, 255
adopted, or otherwise issued under section 4167.07 or 4167.09, 256
4167.08, OR 4167.26 of the Revised Code may apply to the director 258
for an order granting a variance from the standard or portion 259
thereof. The director shall provide affected public employees 260
and their public employee representative, if any, notice of the 263
application and shall provide an opportunity for a hearing 264
pursuant to section 4167.15 of the Revised Code. The director 265
shall issue the order granting the variance if the public 267
employer files an application that meets the requirements of 268
division (B) of this section, and after an opportunity for a 269
hearing pursuant to section 4167.15 of the Revised Code, and if 270
the public employer establishes to the satisfaction of the 271
director that the conditions, practices, means, methods, 272
operations, or processes used or proposed to be used by the 273
public employer will provide employment and places of employment 274
to the public employer's public employees that are as safe and 275
healthful as those that would prevail if the public employer 276
complied with the Ohio employment risk reduction standard. The 278
director shall prescribe in the order granting the variance the 281
conditions the public employer must maintain, and the practices, 282
means, methods, operations, and processes the public employer 283
must adopt and utilize in lieu of the Ohio employment risk 285
reduction standard which would otherwise apply. The director may 286
modify or revoke the order upon application of the public 288
employer, public employee, or public employee representative, or 289
upon the director's own motion in the manner prescribed for the 291
issuance of an order under this division at any time during six 292
7
months after the date of issuance of the order.
Sec. 4167.25. AS USED IN THIS SECTION AND SECTIONS 4167.26 294
TO 4767.28 OF THE REVISED CODE: 295
(A) "BLOODBORNE PATHOGEN" MEANS A MICROORGANISM PRESENT IN 297
HUMAN BLOOD THAT CAN CAUSE DISEASE IN HUMANS, INCLUDING THE HUMAN 299
IMMUNODEFICIENCY VIRUS, HEPATITIS B VIRUS, HEPATITIS C VIRUS, AND 302
OTHER PATHOGENIC MICROORGANISMS.
(B) "ENGINEERED SHARPS INJURY PROTECTION" MEANS EITHER OF 304
THE FOLLOWING: 306
(1) A PHYSICAL ATTRIBUTE BUILT INTO A NEEDLE DEVICE USED 308
FOR WITHDRAWING BODY FLUIDS, ACCESSING A VEIN OR ARTERY, OR 310
ADMINISTERING MEDICATIONS OR OTHER FLUIDS THAT EFFECTIVELY 311
REDUCES THE RISK OF AN EXPOSURE INCIDENT BY A MECHANISM SUCH AS 312
BARRIER CREATION, BLUNTING, ENCAPSULATION, WITHDRAWAL,
RETRACTION, DESTRUCTION, OR ANY OTHER EFFECTIVE MECHANISM; 313
(2) A PHYSICAL ATTRIBUTE BUILT INTO A TYPE OF NEEDLE 315
DEVICE NOT INCLUDED IN DIVISION (B)(1) OF THIS SECTION, OR BUILT 316
INTO A NON-NEEDLE SHARP, THAT EFFECTIVELY REDUCES THE RISK OF AN 317
EXPOSURE INCIDENT.
(C) "EXPOSURE INCIDENT" MEANS AN OCCURRENCE OF 319
OCCUPATIONAL EXPOSURE TO BLOOD OR OTHER MATERIAL POTENTIALLY 320
CONTAINING BLOODBORNE PATHOGENS, INCLUDING EXPOSURE THAT OCCURS 322
THROUGH A SHARPS INJURY.
(D) "NEEDLELESS SYSTEM" MEANS A DEVICE THAT DOES NOT 324
UTILIZE NEEDLES FOR THE FOLLOWING: 325
(1) WITHDRAWING BODY FLUIDS AFTER INITIAL VENOUS OR 327
ARTERIAL ACCESS IS ESTABLISHED; 328
(2) ADMINISTERING MEDICATION OR FLUIDS; 330
(3) PERFORMING ANY OTHER PROCEDURE INVOLVING POTENTIAL 332
EXPOSURE INCIDENTS. 333
(E) "PUBLIC HEALTH CARE WORKER" MEANS A PERSON WHO IS 335
EMPLOYED BY A PUBLIC EMPLOYER TO PROVIDE HEALTH SERVICES THAT 337
CARRY WITH THEM THE POTENTIAL FOR EXPOSURE INCIDENTS, INCLUDING A 339
PERSON EMPLOYED BY A PUBLIC HOSPITAL OR OTHER PUBLIC HEALTH CARE 340
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FACILITY, A PERSON EMPLOYED BY A PUBLIC EMPLOYER TO PROVIDE HOME 341
HEALTH CARE, AND A PERSON EMPLOYED BY A PUBLIC EMPLOYER AS A FIRE 342
FIGHTER, EMERGENCY MEDICAL TECHNICIAN-BASIC, EMERGENCY MEDICAL 343
TECHNICIAN-INTERMEDIATE, OR EMERGENCY MEDICAL 344
TECHNICIAN-PARAMEDIC. "PUBLIC HEALTH CARE WORKER" DOES NOT 345
INCLUDE A PERSON WHO IS EMPLOYED BY A PUBLIC EMPLOYER TO PROVIDE 346
DENTAL SERVICES, TREATMENT, OR TRAINING OR A DENTAL STUDENT WHO 347
IS RECEIVING TRAINING FROM A PUBLIC EMPLOYER.
(F) "SHARP" MEANS AN OBJECT USED IN OR ENCOUNTERED WHEN 350
PROVIDING HEALTH CARE SERVICES THAT CAN BE REASONABLY ANTICIPATED 351
TO PENETRATE THE SKIN OR ANY OTHER PART OF THE BODY AND RESULT IN 352
AN EXPOSURE INCIDENT, INCLUDING OBJECTS SUCH AS NEEDLE DEVICES, 354
SCAPELS, LANCETS, AND BROKEN GLASS.
(G) "SHARPS INJURY" MEANS ANY INJURY CAUSED BY A SHARP, 356
INCLUDING SUCH INJURIES AS CUTS, ABRASIONS, AND NEEDLESTICKS. 357
Sec. 4167.26. THE PUBLIC EMPLOYMENT RISK REDUCTION 359
ADVISORY COMMISSION SHALL APPOINT A SUBCOMMITTEE FOR PURPOSES OF 360
PROTECTING PUBLIC HEALTH CARE WORKERS FROM EXPOSURE INCIDENTS. 361
AT ALL TIMES, AT LEAST HALF OF THE SUBCOMMITTEE'S MEMBERS SHALL 362
BE PUBLIC HEALTH CARE WORKERS WHO ARE ACTIVELY ENGAGED IN 363
PROVIDING DIRECT CARE TO AND FOR PATIENTS. THESE FRONT-LINE 364
PUBLIC HEALTH CARE WORKERS SHALL BE APPOINTED IN SUCH A MANNER 365
THAT THE MEMBERSHIP REPRESENTS A VARIETY OF OCCUPATIONAL 366
CLASSIFICATIONS, INCLUDING PHYSICIANS, NURSES, NURSE AIDES, 367
LABORATORY TECHNICIANS, AND PHLEBOTOMISTS. AT ALL TIMES, THE 368
SUBCOMMITTEE'S MEMBERS SHALL INCLUDE AT LEAST ONE FIRE FIGHTER 369
AND AT LEAST ONE EMERGENCY MEDICAL TECHNICIAN-BASIC, EMERGENCY 370
MEDICAL TECHNICIAN-INTERMEDIATE, OR EMERGENCY MEDICAL 371
TECHNICIAN-PARAMEDIC.
(B) THE SUBCOMMITTEE SHALL STUDY METHODS BY WHICH PUBLIC 373
HEALTH CARE WORKERS CAN BE PROTECTED FROM EXPOSURE INCIDENTS. 374
THE STUDY SHALL INCLUDE EVALUATIONS OF NEEDLELESS SYSTEMS AND 376
PRODUCTS THAT HAVE BEEN MANUFACTURED WITH ENGINEERED SHARPS 377
INJURY PROTECTION. BEFORE A MEMBER MAY PARTICIPATE IN THE 378
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EVALUATION OF A PRODUCT, THE MEMBER SHALL BE TRAINED IN THE 379
PROPER METHOD OF USING PRODUCT EVALUATION CRITERIA.
(C) THE SUBCOMMITTEE SHALL SUBMIT RECOMMENDATIONS TO THE 381
COMMISSION FOR PURPOSES OF THE COMMISSION'S ADOPTION, 382
MODIFICATION, OR RESCISSION OF RULES UNDER SECTION 4167.27 OF THE 384
REVISED CODE. IN MAKING ITS RECOMMENDATIONS, THE SUBCOMMITTEE 385
SHALL ADDRESS ALL OF THE FOLLOWING:
(1) CREATION OF A LIST OF NEEDLELESS SYSTEMS AND SHARPS 387
THAT ARE MANUFACTURED WITH ENGINEERED SHARPS INJURY PROTECTION, 388
WHICH MAY BE A LIST BASED ON EXISTING SOURCES OF INFORMATION, 389
INCLUDING THE UNITED STATES FOOD AND DRUG ADMINISTRATION, THE 391
CENTERS FOR DISEASE CONTROL AND PREVENTION, THE NATIONAL 392
INSTITUTE OF OCCUPATIONAL SAFETY AND HEALTH, AND UNITED STATES 393
DEPARTMENT OF VETERANS AFFAIRS;
(2) ESTABLISHMENT OF CONTROL PROCEDURES FOR THE PREVENTION 395
OF EXPOSURE INCIDENTS, INCLUDING TRAINING AND EDUCATIONAL 396
REQUIREMENTS, INCREASED USE OF VACCINATIONS, STRATEGIC PLACEMENT 397
OF SHARPS CONTAINERS AS CLOSE TO THE WORK AREA AS POSSIBLE, AND 398
INCREASED USE OF PERSONAL PROTECTIVE EQUIPMENT; 399
(3) ANY OTHER MATTER THE SUBCOMMITTEE CONSIDERS RELEVANT. 401
(D) IF A SUBCOMMITTEE MEMBER REPRESENTS A PROFESSION OR A 403
FACILITY IN WHICH HEALTH CARE SERVICES ARE PROVIDED, AND THE 404
PROFESSION OR FACILITY IS SUBJECT TO REGULATION BY THIS STATE, 406
THE MEMBER SHALL REPORT THE SUBCOMMITTEE'S RECOMMENDATIONS TO THE 407
STATE AGENCY RESPONSIBLE FOR REGULATING THE PROFESSION OR 408
FACILITY.
Sec. 4167.27. (A) THE PUBLIC EMPLOYEE RISK REDUCTION 410
ADVISORY COMMISSION SHALL ADOPT A RULE AND OHIO EMPLOYMENT RISK 411
REDUCTION STANDARD FOR THE PREVENTION OF EXPOSURE INCIDENTS. THE 412
INITIAL RULE AND STANDARD SHALL BE ADOPTED NOT LATER THAN ONE 413
HUNDRED EIGHTY DAYS AFTER THE EFFECTIVE DATE OF THIS SECTION. IN 415
ADOPTING, MODIFYING, OR RESCINDING THE RULE OR STANDARD, THE 416
COMMISSION SHALL ACT IN ACCORDANCE WITH RECOMMENDATIONS SUBMITTED 417
BY THE COMMISSION'S SUBCOMMITTEE APPOINTED UNDER SECTION 4167.26 418
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OF THE REVISED CODE.
(B) THE COMMISSION SHALL PROVIDE ADVICE TO PUBLIC 420
EMPLOYERS WITH REGARD TO THEIR IMPLEMENTATION OF THE REQUIREMENTS 422
ESTABLISHED BY THE RULE AND STANDARD ADOPTED UNDER THIS SECTION 424
AND THE REQUIREMENTS OF SECTION 4167.28 OF THE REVISED CODE. 425
Sec. 4167.28. (A) EXCEPT AS PROVIDED IN DIVISION (B) OF 427
THIS SECTION, EACH PUBLIC EMPLOYER OF PUBLIC HEALTH CARE WORKERS 429
SHALL DO ALL OF THE FOLLOWING: 430
(1) INCLUDE, AS PART OF THE EMPLOYER'S ENGINEERING AND 432
WORK PRACTICE CONTROLS, NEEDLELESS SYSTEMS AND SHARPS THAT ARE 433
MANUFACTURED WITH ENGINEERED SHARPS INJURY PROTECTION; 434
(2) DEVELOP AND IMPLEMENT A WRITTEN EXPOSURE CONTROL PLAN 436
THAT IS CONSISTENT WITH THE EMPLOYMENT RISK REDUCTION STANDARD 437
ESTABLISHED IN RULES ADOPTED UNDER SECTION 4167.27 OF THE REVISED 441
CODE, INCLUDING PROCEDURES FOR BOTH OF THE FOLLOWING: 442
(a) IDENTIFYING AND SELECTING NEEDLELESS SYSTEMS AND 444
SHARPS THAT ARE MANUFACTURED WITH ENGINEERED SHARPS INJURY 446
PROTECTION;
(b) UPDATING, AT LEAST ONCE A YEAR, THE EXPOSURE CONTROL 448
PLAN WHEN NECESSARY TO REFLECT PROGRESS IN IMPLEMENTING 449
NEEDLELESS SYSTEMS AND SHARPS THAT ARE MANUFACTURED WITH 450
ENGINEERED SHARPS INJURY PROTECTION.
(3) ENSURE THAT ALL PUBLIC HEALTH CARE WORKERS ARE TRAINED 452
IN THE USE OF ENGINEERING AND WORK PRACTICE CONTROLS BEFORE 453
UNDERTAKING ANY TASK WITH POTENTIAL FOR EXPOSURE INCIDENTS. 454
(4) MAINTAIN ACCURATE RECORDS OF PUBLIC HEALTH CARE WORKER 457
EXPOSURE INCIDENTS. THE RECORDS SHALL CONTAIN THE FOLLOWING 459
INFORMATION:
(a) THE DATE AND TIME OF THE INCIDENT; 461
(b) THE TYPE AND BRAND OF SHARP INVOLVED; 463
(c) THE JOB CLASSIFICATION OF EACH EMPLOYEE INVOLVED; 465
(d) THE DEPARTMENT OR WORK AREA WHERE THE INCIDENT 467
OCCURRED; 468
(e) THE PROCEDURE THE EMPLOYEE WAS PERFORMING AT THE TIME 471
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OF THE INCIDENT;
(f) HOW THE INCIDENT OCCURRED; 473
(g) THE BODY PART INVOLVED; 475
(h) IF THE SHARP INVOLVED IN THE INCIDENT WAS MANUFACTURED 477
WITH ENGINEERED SHARPS INJURY PROTECTION, A SPECIFICATION OF 479
WHETHER THE INCIDENT OCCURRED BEFORE, DURING, OR AFTER ACTIVATION 481
OF THE PROTECTIVE MECHANISM;
(i) IF THE SHARP INVOLVED IN THE INCIDENT WAS NOT 483
MANUFACTURED WITH ENGINEERED SHARPS INJURY PROTECTION, AN 485
ASSESSMENT OF WHETHER AND HOW THE INCIDENT COULD HAVE BEEN 486
PREVENTED BY A SHARP WITH PROTECTION, AND THE BASIS FOR THE 487
ASSESSMENT; 488
(j) ANY OTHER RELEVANT DESCRIPTION OF THE EXPOSURE 490
INCIDENT.
(B) NOTWITHSTANDING ANY PROVISION OF THE RULE AND OHIO 492
EMPLOYMENT RISK REDUCTION STANDARD ADOPTED UNDER SECTION 4167.27 493
OF THE REVISED CODE, BOTH OF THE FOLLOWING APPLY: 494
(1) A PUBLIC EMPLOYER, UNDER DIVISION (D) OF SECTION 496
4167.09 OF THE REVISED CODE, MAY BE GRANTED A VARIANCE FROM THE 498
REQUIREMENTS OF THIS SECTION FOR EITHER OF THE FOLLOWING REASONS: 500
(a) NEEDLELESS SYSTEMS OR SHARPS THAT ARE MANUFACTURED 502
WITH ENGINEERED SHARPS INJURY PROTECTION ARE NOT AVAILABLE IN THE 503
MARKETPLACE;
(b) THE EMPLOYER DETERMINES, WITH RESPECT TO A SPECIFIC 505
MEDICAL PROCEDURE, THAT USE OF NEEDLELESS SYSTEMS OR SHARPS THAT 506
ARE MANUFACTURED WITH ENGINEERED SHARPS INJURY PROTECTION WOULD 508
JEOPARDIZE PATIENT OR EMPLOYEE SAFETY.
(2) UNTIL FIVE YEARS AFTER THE EFFECTIVE DATE OF THIS 510
SECTION, THE EMPLOYER MAY ALLOW A DRUG OR OTHER SUBSTANCE TO BE 511
ADMINISTERED WITH A DEVICE WITHOUT ENGINEERED SHARPS INJURY 512
PROTECTION, IF THE DRUG OR SUBSTANCE IS RECEIVED IN A PREFILLED 513
SYRINGE OR ANY OTHER PREPACKAGED ADMINISTRATION SYSTEM AND HAS 514
BEEN APPROVED FOR COMMERCIAL DISTRIBUTION OR INVESTIGATIONAL USE 515
BY THE UNITED STATES FOOD AND DRUG ADMINISTRATION. 517
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(C) ANY OF THE RECORDS MAINTAINED UNDER DIVISION (A)(4) OF 520
THIS SECTION MAY BE USED BY THE PUBLIC EMPLOYER FOR PURPOSES OF
COMPLYING WITH THE RECORD-KEEPING AND REPORTING REQUIREMENTS 521
ESTABLISHED UNDER SECTION 4167.11 OF THE REVISED CODE. 522
Section 2. That existing sections 4167.01 and 4167.09 of 525
the Revised Code are hereby repealed.
Section 3. Section 4167.01 of the Revised Code is 527
presented in this act as a composite of the section as amended by 528
both Am. Sub. H.B. 10 and Am. Sub. S.B. 162 of the 121st General 529
Assembly, with the new language of neither of the acts shown in 531
capital letters. This is in recognition of the principle stated 532
in division (B) of section 1.52 of the Revised Code that such 533
amendments are to be harmonized where not substantively 534
irreconcilable and constitutes a legislative finding that such is 535
the resulting version in effect prior to the effective date of 536
this act.