As Passed by the Senate 1
123rd General Assembly 4
Regular Session Sub. S. B. No. 183 5
1999-2000 6
SENATORS BRADY-DRAKE-DiDONATO-FINGERHUT-FURNEY-HAGAN- 8
HERINGTON-MALLORY-McLIN-PRENTISS-SHOEMAKER-BLESSING-KEARNS- 9
SPADA-LATELL-ESPY-WACHTMANN-JOHNSON-GARDNER-NEIN-OELSLAGER- 10
ARMBRUSTER-HORN-WATTS 11
_________________________________________________________________ 13
A B I L L
To amend sections 4167.01 and 4167.09 and to enact 16
sections 4167.25 to 4167.28 of the Revised Code
to require that each public employer of health 18
care workers develop an exposure control plan 19
incorporating the use of needleless systems and 20
sharps with injury protection devices. 21
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 23
Section 1. That sections 4167.01 and 4167.09 be amended 26
and sections 4167.25, 4167.26, 4167.27, and 4167.28 of the
Revised Code be enacted to read as follows: 28
Sec. 4167.01. As used in this chapter: 37
(A) "Public employer" means any of the following: 39
(1) The state and its instrumentalities; 41
(2) Any political subdivisions and their 43
instrumentalities, including any county, county hospital, 44
municipal corporation, city, village, township, park district, 45
school district, state institution of higher learning, public or 46
special district, state agency, authority, commission, or board; 47
(3) Any other branch of public employment not mentioned in 49
division (A)(1) or (2) of this section. 50
(B) "Public employee" means any individual who engages to 52
furnish services subject to the direction and control of a public 53
employer, including those individuals working for a private 54
2
employer who has contracted with a public employer and over whom 55
the national labor relations board has declined jurisdiction. 56
"Public employee" does not mean any of the following: 57
(1) A fire fighter, an emergency medical 59
technician-ambulance TECHNICIAN-BASIC, an advanced emergency 61
medical technician-ambulance TECHNICIAN-INTERMEDIATE, a 62
paramedic, or a peace officer employed by a public employer as 64
defined in division (A)(2) of this section, any member of the 65
organized militia ordered to duty by state authority pursuant to 66
Chapter 5923. of the Revised Code, or a fire fighter, an
emergency medical technician-ambulance TECHNICIAN-BASIC, an 69
advanced emergency medical technician-ambulance
TECHNICIAN-INTERMEDIATE, or a paramedic employed by a private 72
employer that is organized as a nonprofit fire company or life 73
squad that contracts with a public employer to provide fire 74
protection or emergency medical services; 76
(2) Any person employed as a correctional officer in a 78
county or municipal corporation correctional institution, whether 79
the county or municipal corporation solely or in conjunction with 80
each other operates the institution;
(3) Any person who engages to furnish services subject to 82
the direction and control of a public employer but does not 83
receive compensation, either directly or indirectly, for those 84
services;
(4) Any forest officer, park officer, watercraft officer, 86
wildlife officer, or preserve officer. 87
(C) "Public employee representative" means an employee 89
organization certified by the state employment relations board 90
under section 4117.05 of the Revised Code as the exclusive 91
representative of the public employees in a bargaining unit. 92
(D) "Employment risk reduction standard" means a standard 94
which requires conditions, or the adoption or use of one or more 95
practices, means, methods, operations, or processes, reasonably 96
necessary or appropriate to provide safe and healthful employment 97
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and places of employment. 98
(E) "Ohio employment risk reduction standard" means any 100
risk reduction standard adopted or issued under this chapter. 101
(F) "Undue hardship" means any requirement imposed under 103
this chapter or a rule or order issued thereunder that would 104
require a public employer to take an action with significant 105
difficulty or expense when considered in light of all of the 106
following factors: 107
(1) The nature and cost of the action required under this 109
chapter; 110
(2) The overall financial resources of the public employer 112
involved in the action; 113
(3) The number of persons employed by the public employer 115
at the particular location where the action may be required; 116
(4) The effect on expenses and resources or the impact 118
otherwise of the action required upon the operations of the 119
public employer at the location where the action may be required; 120
(5) The overall size of the public employer with respect 122
to the number of its public employees; 123
(6) The number, type, and location of the public 125
employer's operations, including the composition, structure, and 126
functions of the workforce of the public entity; 127
(7) The geographic separateness, administrative, or fiscal 129
relationship of the public employer's operations to the whole 130
public employer. 131
Sec. 4167.09. (A) Any public employer affected by a 140
proposed rule or Ohio employment risk reduction standard or any 141
provision thereof proposed under section 4167.07 or, 4167.08, OR 143
4167.26 of the Revised Code may apply to the director of commerce 145
for an order granting a temporary variance from the standard or 147
provision thereof. The application for the order and any 148
extension thereof shall contain a reasonable application fee, as 149
determined by the public employment risk reduction advisory 150
commission, and all of the following information: 151
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(1) A specification of the Ohio public employment risk 153
reduction standard or portion thereof from which the public 154
employer seeks the temporary variance; 155
(2) A representation by the public employer, supported by 157
representations from qualified persons having firsthand knowledge 158
of the facts represented, that the public employer is unable to 159
comply with the Ohio employment risk reduction standard or 160
portion thereof and a detailed statement of the reasons therefor; 161
(3) A statement of the steps that the public employer has 163
taken and will take, with dates specified, to protect employees 164
against the hazard covered by the standard; 165
(4) A statement of when the public employer expects to be 167
able to comply fully with the Ohio employment risk reduction 168
standard and what steps the public employer has taken and will 170
take, with dates specified, to come into full compliance with the 171
standard;
(5) A certification that the public employer has informed 173
the public employer's public employees of the application by 174
giving a copy of the application to the public employee 176
representative, if any, and by posting a statement giving a 177
summary of the application and specifying where a copy of the 178
application may be examined at the place or places where notices 179
to public employees are normally posted, and by any other 180
appropriate means of public employee notification. The public 181
employer must also inform the public employer's public employees 183
of their rights to a hearing under section 4167.15 of the Revised 184
Code. The certification also shall contain a description of how 185
public employees have been informed of the application and of 186
their rights to a hearing.
(B) The director shall issue an order providing for a 190
temporary variance if the public employer files an application
that meets the requirements of division (A) of this section and 191
establishes that all of the following pertaining to the public 192
employer are true: 193
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(1) The public employer is unable to comply with the Ohio 195
employment risk reduction standard or a provision thereof by its 197
effective date because of the unavailability of professional or 198
technical personnel or of materials and equipment needed to come 199
into compliance with the Ohio employment risk reduction standard 200
or provision thereof or because necessary construction or 201
alteration of facilities cannot be completed by the effective 202
date of the standard. 203
(2) The public employer is taking all available steps to 205
safeguard the public employer's public employees against the 206
hazards covered by the Ohio employment risk reduction standard. 208
(3) The public employer has an effective program for 210
coming into compliance with the Ohio employment risk reduction 212
standard as quickly as practicable. 213
(4) The granting of the variance will not create an 215
imminent danger of death or serious physical harm to public 216
employees. 217
(C)(1) If the director issues an order providing for a 221
temporary variance under division (B) of this section, the
director shall prescribe the practices, means, methods, 223
operations, and processes that the public employer must adopt and 225
use while the order is in effect and state in detail the public 226
employer's program for coming into compliance with the Ohio 227
employment risk reduction standard. The director may issue the 228
order only after providing notice to affected public employees 231
and their public employee representative, if any, and an 232
opportunity for a hearing pursuant to section 4167.15 of the 233
Revised Code, provided that the director may issue one interim 234
order granting a temporary order to be effective until a decision 238
on a hearing is made. Except as provided in division (C)(2) of 239
this section, no temporary variance may be in effect for longer 240
than the period needed by the public employer to achieve 241
compliance with the Ohio employment risk reduction standard or 242
one year, whichever is shorter. 243
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(2) The director may renew an order issued under division 246
(C) of this section up to two times provided that the 247
requirements of divisions (A), (B), and (C)(1) of this section 248
and section 4167.15 of the Revised Code are met and the public 249
employer files an application for renewal with the director at 250
least ninety days prior to the expiration date of the order. 253
(D) Any public employer affected by an Ohio employment 255
risk reduction standard or any provision thereof proposed, 256
adopted, or otherwise issued under section 4167.07 or 4167.09, 257
4167.08, OR 4167.26 of the Revised Code may apply to the director 259
for an order granting a variance from the standard or portion 260
thereof. The director shall provide affected public employees 261
and their public employee representative, if any, notice of the 264
application and shall provide an opportunity for a hearing 265
pursuant to section 4167.15 of the Revised Code. The director 266
shall issue the order granting the variance if the public 268
employer files an application that meets the requirements of 269
division (B) of this section, and after an opportunity for a 270
hearing pursuant to section 4167.15 of the Revised Code, and if 271
the public employer establishes to the satisfaction of the 272
director that the conditions, practices, means, methods, 273
operations, or processes used or proposed to be used by the 274
public employer will provide employment and places of employment 275
to the public employer's public employees that are as safe and 276
healthful as those that would prevail if the public employer 277
complied with the Ohio employment risk reduction standard. The 279
director shall prescribe in the order granting the variance the 282
conditions the public employer must maintain, and the practices, 283
means, methods, operations, and processes the public employer 284
must adopt and utilize in lieu of the Ohio employment risk 286
reduction standard which would otherwise apply. The director may 287
modify or revoke the order upon application of the public 289
employer, public employee, or public employee representative, or 290
upon the director's own motion in the manner prescribed for the 292
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issuance of an order under this division at any time during six 293
months after the date of issuance of the order.
Sec. 4167.25. AS USED IN THIS SECTION AND SECTIONS 4167.26 295
TO 4767.28 OF THE REVISED CODE: 296
(A) "BLOODBORNE PATHOGEN" MEANS A MICROORGANISM PRESENT IN 298
HUMAN BLOOD THAT CAN CAUSE DISEASE IN HUMANS, INCLUDING THE HUMAN 300
IMMUNODEFICIENCY VIRUS, HEPATITIS B VIRUS, HEPATITIS C VIRUS, AND 303
OTHER PATHOGENIC MICROORGANISMS.
(B) "ENGINEERED SHARPS INJURY PROTECTION" MEANS EITHER OF 305
THE FOLLOWING: 307
(1) A PHYSICAL ATTRIBUTE BUILT INTO A NEEDLE DEVICE USED 309
FOR WITHDRAWING BODY FLUIDS, ACCESSING A VEIN OR ARTERY, OR 311
ADMINISTERING MEDICATIONS OR OTHER FLUIDS THAT EFFECTIVELY 312
REDUCES THE RISK OF AN EXPOSURE INCIDENT BY A MECHANISM SUCH AS 313
BARRIER CREATION, BLUNTING, ENCAPSULATION, WITHDRAWAL,
RETRACTION, DESTRUCTION, OR ANY OTHER EFFECTIVE MECHANISM; 314
(2) A PHYSICAL ATTRIBUTE BUILT INTO A TYPE OF NEEDLE 316
DEVICE NOT INCLUDED IN DIVISION (B)(1) OF THIS SECTION, OR BUILT 317
INTO A NON-NEEDLE SHARP, THAT EFFECTIVELY REDUCES THE RISK OF AN 318
EXPOSURE INCIDENT.
(C) "EXPOSURE INCIDENT" MEANS AN OCCURRENCE OF 320
OCCUPATIONAL EXPOSURE TO BLOOD OR OTHER MATERIAL POTENTIALLY 321
CONTAINING BLOODBORNE PATHOGENS, INCLUDING EXPOSURE THAT OCCURS 323
THROUGH A SHARPS INJURY.
(D) "NEEDLELESS SYSTEM" MEANS A DEVICE THAT DOES NOT 325
UTILIZE NEEDLES FOR THE FOLLOWING: 326
(1) WITHDRAWING BODY FLUIDS AFTER INITIAL VENOUS OR 328
ARTERIAL ACCESS IS ESTABLISHED; 329
(2) ADMINISTERING MEDICATION OR FLUIDS; 331
(3) PERFORMING ANY OTHER PROCEDURE INVOLVING POTENTIAL 333
EXPOSURE INCIDENTS. 334
(E) "PUBLIC HEALTH CARE WORKER" MEANS A PERSON WHO IS 336
EMPLOYED BY A PUBLIC EMPLOYER TO PROVIDE HEALTH SERVICES THAT 338
CARRY WITH THEM THE POTENTIAL FOR EXPOSURE INCIDENTS, INCLUDING A 340
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PERSON EMPLOYED BY A PUBLIC HOSPITAL OR OTHER PUBLIC HEALTH CARE 341
FACILITY, A PERSON EMPLOYED BY A PUBLIC EMPLOYER TO PROVIDE HOME 342
HEALTH CARE, AND A PERSON EMPLOYED BY A PUBLIC EMPLOYER AS A FIRE 343
FIGHTER, EMERGENCY MEDICAL TECHNICIAN-BASIC, EMERGENCY MEDICAL 344
TECHNICIAN-INTERMEDIATE, OR EMERGENCY MEDICAL 345
TECHNICIAN-PARAMEDIC. "PUBLIC HEALTH CARE WORKER" DOES NOT 346
INCLUDE A PERSON WHO IS EMPLOYED BY A PUBLIC EMPLOYER TO PROVIDE 347
DENTAL SERVICES, TREATMENT, OR TRAINING OR A DENTAL STUDENT WHO 348
IS RECEIVING TRAINING FROM A PUBLIC EMPLOYER.
(F) "SHARP" MEANS AN OBJECT USED IN OR ENCOUNTERED WHEN 351
PROVIDING HEALTH CARE SERVICES THAT CAN BE REASONABLY ANTICIPATED 352
TO PENETRATE THE SKIN OR ANY OTHER PART OF THE BODY AND RESULT IN 353
AN EXPOSURE INCIDENT, INCLUDING OBJECTS SUCH AS NEEDLE DEVICES, 355
SCAPELS, LANCETS, AND BROKEN GLASS.
(G) "SHARPS INJURY" MEANS ANY INJURY CAUSED BY A SHARP, 357
INCLUDING SUCH INJURIES AS CUTS, ABRASIONS, AND NEEDLESTICKS. 358
Sec. 4167.26. THE PUBLIC EMPLOYMENT RISK REDUCTION 360
ADVISORY COMMISSION SHALL APPOINT A SUBCOMMITTEE FOR PURPOSES OF 361
PROTECTING PUBLIC HEALTH CARE WORKERS FROM EXPOSURE INCIDENTS. 362
AT ALL TIMES, AT LEAST HALF OF THE SUBCOMMITTEE'S MEMBERS SHALL 363
BE PUBLIC HEALTH CARE WORKERS WHO ARE ACTIVELY ENGAGED IN 364
PROVIDING DIRECT CARE TO AND FOR PATIENTS. THESE FRONT-LINE 365
PUBLIC HEALTH CARE WORKERS SHALL BE APPOINTED IN SUCH A MANNER 366
THAT THE MEMBERSHIP REPRESENTS A VARIETY OF OCCUPATIONAL 367
CLASSIFICATIONS, INCLUDING PHYSICIANS, NURSES, NURSE AIDES, 368
LABORATORY TECHNICIANS, AND PHLEBOTOMISTS. AT ALL TIMES, THE 369
SUBCOMMITTEE'S MEMBERS SHALL INCLUDE AT LEAST ONE FIRE FIGHTER 370
AND AT LEAST ONE EMERGENCY MEDICAL TECHNICIAN-BASIC, EMERGENCY 371
MEDICAL TECHNICIAN-INTERMEDIATE, OR EMERGENCY MEDICAL 372
TECHNICIAN-PARAMEDIC.
(B) THE SUBCOMMITTEE SHALL STUDY METHODS BY WHICH PUBLIC 374
HEALTH CARE WORKERS CAN BE PROTECTED FROM EXPOSURE INCIDENTS. 375
THE STUDY SHALL INCLUDE EVALUATIONS OF NEEDLELESS SYSTEMS AND 377
PRODUCTS THAT HAVE BEEN MANUFACTURED WITH ENGINEERED SHARPS 378
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INJURY PROTECTION. BEFORE A MEMBER MAY PARTICIPATE IN THE 379
EVALUATION OF A PRODUCT, THE MEMBER SHALL BE TRAINED IN THE 380
PROPER METHOD OF USING PRODUCT EVALUATION CRITERIA.
(C) THE SUBCOMMITTEE SHALL SUBMIT RECOMMENDATIONS TO THE 382
COMMISSION FOR PURPOSES OF THE COMMISSION'S ADOPTION, 383
MODIFICATION, OR RESCISSION OF RULES UNDER SECTION 4167.27 OF THE 385
REVISED CODE. IN MAKING ITS RECOMMENDATIONS, THE SUBCOMMITTEE 386
SHALL ADDRESS ALL OF THE FOLLOWING:
(1) CREATION OF A LIST OF NEEDLELESS SYSTEMS AND SHARPS 388
THAT ARE MANUFACTURED WITH ENGINEERED SHARPS INJURY PROTECTION, 389
WHICH MAY BE A LIST BASED ON EXISTING SOURCES OF INFORMATION, 390
INCLUDING THE UNITED STATES FOOD AND DRUG ADMINISTRATION, THE 392
CENTERS FOR DISEASE CONTROL AND PREVENTION, THE NATIONAL 393
INSTITUTE OF OCCUPATIONAL SAFETY AND HEALTH, AND UNITED STATES 394
DEPARTMENT OF VETERANS AFFAIRS;
(2) ESTABLISHMENT OF CONTROL PROCEDURES FOR THE PREVENTION 396
OF EXPOSURE INCIDENTS, INCLUDING TRAINING AND EDUCATIONAL 397
REQUIREMENTS, INCREASED USE OF VACCINATIONS, STRATEGIC PLACEMENT 398
OF SHARPS CONTAINERS AS CLOSE TO THE WORK AREA AS POSSIBLE, AND 399
INCREASED USE OF PERSONAL PROTECTIVE EQUIPMENT; 400
(3) ANY OTHER MATTER THE SUBCOMMITTEE CONSIDERS RELEVANT. 402
(D) IF A SUBCOMMITTEE MEMBER REPRESENTS A PROFESSION OR A 404
FACILITY IN WHICH HEALTH CARE SERVICES ARE PROVIDED, AND THE 405
PROFESSION OR FACILITY IS SUBJECT TO REGULATION BY THIS STATE, 407
THE MEMBER SHALL REPORT THE SUBCOMMITTEE'S RECOMMENDATIONS TO THE 408
STATE AGENCY RESPONSIBLE FOR REGULATING THE PROFESSION OR 409
FACILITY.
Sec. 4167.27. (A) THE PUBLIC EMPLOYEE RISK REDUCTION 411
ADVISORY COMMISSION SHALL ADOPT A RULE AND OHIO EMPLOYMENT RISK 412
REDUCTION STANDARD FOR THE PREVENTION OF EXPOSURE INCIDENTS. THE 413
INITIAL RULE AND STANDARD SHALL BE ADOPTED NOT LATER THAN ONE 414
HUNDRED EIGHTY DAYS AFTER THE EFFECTIVE DATE OF THIS SECTION. IN 416
ADOPTING, MODIFYING, OR RESCINDING THE RULE OR STANDARD, THE 417
COMMISSION SHALL ACT IN ACCORDANCE WITH RECOMMENDATIONS SUBMITTED 418
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BY THE COMMISSION'S SUBCOMMITTEE APPOINTED UNDER SECTION 4167.26 419
OF THE REVISED CODE.
(B) THE COMMISSION SHALL PROVIDE ADVICE TO PUBLIC 421
EMPLOYERS WITH REGARD TO THEIR IMPLEMENTATION OF THE REQUIREMENTS 423
ESTABLISHED BY THE RULE AND STANDARD ADOPTED UNDER THIS SECTION 425
AND THE REQUIREMENTS OF SECTION 4167.28 OF THE REVISED CODE. 426
Sec. 4167.28. (A) EXCEPT AS PROVIDED IN DIVISION (B) OF 428
THIS SECTION, EACH PUBLIC EMPLOYER OF PUBLIC HEALTH CARE WORKERS 430
SHALL DO ALL OF THE FOLLOWING: 431
(1) INCLUDE, AS PART OF THE EMPLOYER'S ENGINEERING AND 433
WORK PRACTICE CONTROLS, NEEDLELESS SYSTEMS AND SHARPS THAT ARE 434
MANUFACTURED WITH ENGINEERED SHARPS INJURY PROTECTION; 435
(2) DEVELOP AND IMPLEMENT A WRITTEN EXPOSURE CONTROL PLAN 437
THAT IS CONSISTENT WITH THE EMPLOYMENT RISK REDUCTION STANDARD 438
ESTABLISHED IN RULES ADOPTED UNDER SECTION 4167.27 OF THE REVISED 442
CODE, INCLUDING PROCEDURES FOR BOTH OF THE FOLLOWING: 443
(a) IDENTIFYING AND SELECTING NEEDLELESS SYSTEMS AND 445
SHARPS THAT ARE MANUFACTURED WITH ENGINEERED SHARPS INJURY 447
PROTECTION;
(b) UPDATING, AT LEAST ONCE A YEAR, THE EXPOSURE CONTROL 449
PLAN WHEN NECESSARY TO REFLECT PROGRESS IN IMPLEMENTING 450
NEEDLELESS SYSTEMS AND SHARPS THAT ARE MANUFACTURED WITH 451
ENGINEERED SHARPS INJURY PROTECTION.
(3) ENSURE THAT ALL PUBLIC HEALTH CARE WORKERS ARE TRAINED 453
IN THE USE OF ENGINEERING AND WORK PRACTICE CONTROLS BEFORE 454
UNDERTAKING ANY TASK WITH POTENTIAL FOR EXPOSURE INCIDENTS. 455
(4) MAINTAIN ACCURATE RECORDS OF PUBLIC HEALTH CARE WORKER 458
EXPOSURE INCIDENTS. THE RECORDS SHALL CONTAIN THE FOLLOWING 460
INFORMATION:
(a) THE DATE AND TIME OF THE INCIDENT; 462
(b) THE TYPE AND BRAND OF SHARP INVOLVED; 464
(c) THE JOB CLASSIFICATION OF EACH EMPLOYEE INVOLVED; 466
(d) THE DEPARTMENT OR WORK AREA WHERE THE INCIDENT 468
OCCURRED; 469
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(e) THE PROCEDURE THE EMPLOYEE WAS PERFORMING AT THE TIME 472
OF THE INCIDENT;
(f) HOW THE INCIDENT OCCURRED; 474
(g) THE BODY PART INVOLVED; 476
(h) IF THE SHARP INVOLVED IN THE INCIDENT WAS MANUFACTURED 478
WITH ENGINEERED SHARPS INJURY PROTECTION, A SPECIFICATION OF 480
WHETHER THE INCIDENT OCCURRED BEFORE, DURING, OR AFTER ACTIVATION 482
OF THE PROTECTIVE MECHANISM;
(i) IF THE SHARP INVOLVED IN THE INCIDENT WAS NOT 484
MANUFACTURED WITH ENGINEERED SHARPS INJURY PROTECTION, AN 486
ASSESSMENT OF WHETHER AND HOW THE INCIDENT COULD HAVE BEEN 487
PREVENTED BY A SHARP WITH PROTECTION, AND THE BASIS FOR THE 488
ASSESSMENT; 489
(j) ANY OTHER RELEVANT DESCRIPTION OF THE EXPOSURE 491
INCIDENT.
(B) NOTWITHSTANDING ANY PROVISION OF THE RULE AND OHIO 493
EMPLOYMENT RISK REDUCTION STANDARD ADOPTED UNDER SECTION 4167.27 494
OF THE REVISED CODE, BOTH OF THE FOLLOWING APPLY: 495
(1) A PUBLIC EMPLOYER, UNDER DIVISION (D) OF SECTION 497
4167.09 OF THE REVISED CODE, MAY BE GRANTED A VARIANCE FROM THE 499
REQUIREMENTS OF THIS SECTION FOR EITHER OF THE FOLLOWING REASONS: 501
(a) NEEDLELESS SYSTEMS OR SHARPS THAT ARE MANUFACTURED 503
WITH ENGINEERED SHARPS INJURY PROTECTION ARE NOT AVAILABLE IN THE 504
MARKETPLACE;
(b) THE EMPLOYER DETERMINES, WITH RESPECT TO A SPECIFIC 506
MEDICAL PROCEDURE, THAT USE OF NEEDLELESS SYSTEMS OR SHARPS THAT 507
ARE MANUFACTURED WITH ENGINEERED SHARPS INJURY PROTECTION WOULD 509
JEOPARDIZE PATIENT OR EMPLOYEE SAFETY.
(2) UNTIL FIVE YEARS AFTER THE EFFECTIVE DATE OF THIS 511
SECTION, THE EMPLOYER MAY ALLOW A DRUG OR OTHER SUBSTANCE TO BE 512
ADMINISTERED WITH A DEVICE WITHOUT ENGINEERED SHARPS INJURY 513
PROTECTION, IF THE DRUG OR SUBSTANCE IS RECEIVED IN A PREFILLED 514
SYRINGE OR ANY OTHER PREPACKAGED ADMINISTRATION SYSTEM AND HAS 515
BEEN APPROVED FOR COMMERCIAL DISTRIBUTION OR INVESTIGATIONAL USE 516
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BY THE UNITED STATES FOOD AND DRUG ADMINISTRATION. 518
(C) ANY OF THE RECORDS MAINTAINED UNDER DIVISION (A)(4) OF 521
THIS SECTION MAY BE USED BY THE PUBLIC EMPLOYER FOR PURPOSES OF
COMPLYING WITH THE RECORD-KEEPING AND REPORTING REQUIREMENTS 522
ESTABLISHED UNDER SECTION 4167.11 OF THE REVISED CODE. 523
Section 2. That existing sections 4167.01 and 4167.09 of 526
the Revised Code are hereby repealed.
Section 3. Section 4167.01 of the Revised Code is 528
presented in this act as a composite of the section as amended by 529
both Am. Sub. H.B. 10 and Am. Sub. S.B. 162 of the 121st General 530
Assembly, with the new language of neither of the acts shown in 532
capital letters. This is in recognition of the principle stated 533
in division (B) of section 1.52 of the Revised Code that such 534
amendments are to be harmonized where not substantively 535
irreconcilable and constitutes a legislative finding that such is 536
the resulting version in effect prior to the effective date of 537
this act.