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           

                                                          3      


                                                                 
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          

                                                          4      


                                                                 
      (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          

                                                          5      


                                                                 
      (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          

                                                          6      


                                                                 
      (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          

                                                          7      


                                                                 
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          

                                                          8      


                                                                 
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          

                                                          9      


                                                                 
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          

                                                          10     


                                                                 
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          

                                                          11     


                                                                 
      (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          

                                                          12     


                                                                 
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.