As Reported by House Health, Retirement and Aging Committee 1
123rd General Assembly 4
Regular Session Sub. S. B. No. 183 5
1999-2000 6
SENATORS BRADY-DRAKE-DiDONATO-FINGERHUT-FURNEY-HAGAN- 7
HERINGTON-MALLORY-McLIN-PRENTISS-SHOEMAKER-BLESSING-KEARNS- 8
SPADA-LATELL-ESPY-WACHTMANN-JOHNSON-GARDNER-NEIN-OELSLAGER- 9
ARMBRUSTER-HORN-WATTS-REPRESENTATIVES OGG-SUTTON-J. BEATTY- 10
WILLAMOWSKI-DePIERO-R. MILLER 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, 20
sharps with injury protection devices, and other 21
devices determined effective in reducing the risk
of exposure incidence. 22
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 24
Section 1. That sections 4167.01 and 4167.09 be amended 27
and sections 4167.25, 4167.26, 4167.27, and 4167.28 of the
Revised Code be enacted to read as follows: 29
Sec. 4167.01. As used in this chapter: 38
(A) "Public employer" means any of the following: 40
(1) The state and its instrumentalities; 42
(2) Any political subdivisions and their 44
instrumentalities, including any county, county hospital, 45
municipal corporation, city, village, township, park district, 46
school district, state institution of higher learning, public or 47
special district, state agency, authority, commission, or board; 48
(3) Any other branch of public employment not mentioned in 50
division (A)(1) or (2) of this section. 51
2
(B) "Public employee" means any individual who engages to 53
furnish services subject to the direction and control of a public 54
employer, including those individuals working for a private 55
employer who has contracted with a public employer and over whom 56
the national labor relations board has declined jurisdiction. 57
"Public employee" does not mean any of the following: 58
(1) A fire fighter FIREFIGHTER, an emergency medical 60
technician-ambulance TECHNICIAN-BASIC, an advanced emergency 62
medical technician-ambulance TECHNICIAN-INTERMEDIATE, a 63
paramedic, or a peace officer employed by a public employer as 65
defined in division (A)(2) of this section, any member of the 66
organized militia ordered to duty by state authority pursuant to 67
Chapter 5923. of the Revised Code, or a fire fighter FIREFIGHTER, 68
an emergency medical technician-ambulance TECHNICIAN-BASIC, an 71
advanced emergency medical technician-ambulance
TECHNICIAN-INTERMEDIATE, or a paramedic employed by a private 74
employer that is organized as a nonprofit fire company or life 75
squad that contracts with a public employer to provide fire 76
protection or emergency medical services; 78
(2) Any person employed as a correctional officer in a 80
county or municipal corporation correctional institution, whether 81
the county or municipal corporation solely or in conjunction with 82
each other operates the institution;
(3) Any person who engages to furnish services subject to 84
the direction and control of a public employer but does not 85
receive compensation, either directly or indirectly, for those 86
services;
(4) Any forest officer, park officer, watercraft officer, 88
wildlife officer, or preserve officer. 89
(C) "Public employee representative" means an employee 91
organization certified by the state employment relations board 92
under section 4117.05 of the Revised Code as the exclusive 93
representative of the public employees in a bargaining unit. 94
(D) "Employment risk reduction standard" means a standard 96
3
which requires conditions, or the adoption or use of one or more 97
practices, means, methods, operations, or processes, reasonably 98
necessary or appropriate to provide safe and healthful employment 99
and places of employment. 100
(E) "Ohio employment risk reduction standard" means any 102
risk reduction standard adopted or issued under this chapter. 103
(F) "Undue hardship" means any requirement imposed under 105
this chapter or a rule or order issued thereunder that would 106
require a public employer to take an action with significant 107
difficulty or expense when considered in light of all of the 108
following factors: 109
(1) The nature and cost of the action required under this 111
chapter; 112
(2) The overall financial resources of the public employer 114
involved in the action; 115
(3) The number of persons employed by the public employer 117
at the particular location where the action may be required; 118
(4) The effect on expenses and resources or the impact 120
otherwise of the action required upon the operations of the 121
public employer at the location where the action may be required; 122
(5) The overall size of the public employer with respect 124
to the number of its public employees; 125
(6) The number, type, and location of the public 127
employer's operations, including the composition, structure, and 128
functions of the workforce of the public entity; 129
(7) The geographic separateness, administrative, or fiscal 131
relationship of the public employer's operations to the whole 132
public employer. 133
Sec. 4167.09. (A) Any public employer affected by a 142
proposed rule or Ohio employment risk reduction standard or any 143
provision thereof proposed under section 4167.07 or, 4167.08, OR 145
4167.26 of the Revised Code may apply to the director of commerce 147
for an order granting a temporary variance from the standard or 149
provision thereof. The application for the order and any 150
4
extension thereof shall contain a reasonable application fee, as 151
determined by the public employment risk reduction advisory 152
commission, and all of the following information: 153
(1) A specification of the Ohio public employment risk 155
reduction standard or portion thereof from which the public 156
employer seeks the temporary variance; 157
(2) A representation by the public employer, supported by 159
representations from qualified persons having firsthand knowledge 160
of the facts represented, that the public employer is unable to 161
comply with the Ohio employment risk reduction standard or 162
portion thereof and a detailed statement of the reasons therefor; 163
(3) A statement of the steps that the public employer has 165
taken and will take, with dates specified, to protect employees 166
against the hazard covered by the standard; 167
(4) A statement of when the public employer expects to be 169
able to comply fully with the Ohio employment risk reduction 170
standard and what steps the public employer has taken and will 172
take, with dates specified, to come into full compliance with the 173
standard;
(5) A certification that the public employer has informed 175
the public employer's public employees of the application by 176
giving a copy of the application to the public employee 178
representative, if any, and by posting a statement giving a 179
summary of the application and specifying where a copy of the 180
application may be examined at the place or places where notices 181
to public employees are normally posted, and by any other 182
appropriate means of public employee notification. The public 183
employer must also inform the public employer's public employees 185
of their rights to a hearing under section 4167.15 of the Revised 186
Code. The certification also shall contain a description of how 187
public employees have been informed of the application and of 188
their rights to a hearing.
(B) The director shall issue an order providing for a 192
temporary variance if the public employer files an application
5
that meets the requirements of division (A) of this section and 193
establishes that all of the following pertaining to the public 194
employer are true: 195
(1) The public employer is unable to comply with the Ohio 197
employment risk reduction standard or a provision thereof by its 199
effective date because of the unavailability of professional or 200
technical personnel or of materials and equipment needed to come 201
into compliance with the Ohio employment risk reduction standard 202
or provision thereof or because necessary construction or 203
alteration of facilities cannot be completed by the effective 204
date of the standard. 205
(2) The public employer is taking all available steps to 207
safeguard the public employer's public employees against the 208
hazards covered by the Ohio employment risk reduction standard. 210
(3) The public employer has an effective program for 212
coming into compliance with the Ohio employment risk reduction 214
standard as quickly as practicable. 215
(4) The granting of the variance will not create an 217
imminent danger of death or serious physical harm to public 218
employees. 219
(C)(1) If the director issues an order providing for a 223
temporary variance under division (B) of this section, the
director shall prescribe the practices, means, methods, 225
operations, and processes that the public employer must adopt and 227
use while the order is in effect and state in detail the public 228
employer's program for coming into compliance with the Ohio 229
employment risk reduction standard. The director may issue the 230
order only after providing notice to affected public employees 233
and their public employee representative, if any, and an 234
opportunity for a hearing pursuant to section 4167.15 of the 235
Revised Code, provided that the director may issue one interim 236
order granting a temporary order to be effective until a decision 240
on a hearing is made. Except as provided in division (C)(2) of 241
this section, no temporary variance may be in effect for longer 242
6
than the period needed by the public employer to achieve 243
compliance with the Ohio employment risk reduction standard or 244
one year, whichever is shorter. 245
(2) The director may renew an order issued under division 248
(C) of this section up to two times provided that the 249
requirements of divisions (A), (B), and (C)(1) of this section 250
and section 4167.15 of the Revised Code are met and the public 251
employer files an application for renewal with the director at 252
least ninety days prior to the expiration date of the order. 255
(D) Any public employer affected by an Ohio employment 257
risk reduction standard or any provision thereof proposed, 258
adopted, or otherwise issued under section 4167.07 or 4167.09, 259
4167.08, OR 4167.26 of the Revised Code may apply to the director 261
for an order granting a variance from the standard or portion 262
thereof. The director shall provide affected public employees 263
and their public employee representative, if any, notice of the 266
application and shall provide an opportunity for a hearing 267
pursuant to section 4167.15 of the Revised Code. The director 268
shall issue the order granting the variance if the public 270
employer files an application that meets the requirements of 271
division (B) of this section, and after an opportunity for a 272
hearing pursuant to section 4167.15 of the Revised Code, and if 273
the public employer establishes to the satisfaction of the 274
director that the conditions, practices, means, methods, 275
operations, or processes used or proposed to be used by the 276
public employer will provide employment and places of employment 277
to the public employer's public employees that are as safe and 278
healthful as those that would prevail if the public employer 279
complied with the Ohio employment risk reduction standard. The 281
director shall prescribe in the order granting the variance the 284
conditions the public employer must maintain, and the practices, 285
means, methods, operations, and processes the public employer 286
must adopt and utilize in lieu of the Ohio employment risk 288
reduction standard which would otherwise apply. The director may 289
7
modify or revoke the order upon application of the public 291
employer, public employee, or public employee representative, or 292
upon the director's own motion in the manner prescribed for the 294
issuance of an order under this division at any time during six 295
months after the date of issuance of the order.
Sec. 4167.25. AS USED IN THIS SECTION AND SECTIONS 4167.26 297
TO 4767.28 OF THE REVISED CODE: 298
(A) "BLOODBORNE PATHOGEN" MEANS A MICROORGANISM PRESENT IN 300
HUMAN BLOOD THAT CAN CAUSE DISEASE IN HUMANS, INCLUDING THE HUMAN 302
IMMUNODEFICIENCY VIRUS, HEPATITIS B VIRUS, HEPATITIS C VIRUS, AND 305
OTHER PATHOGENIC MICROORGANISMS.
(B) "ENGINEERED SHARPS INJURY PROTECTION" MEANS EITHER OF 307
THE FOLLOWING: 309
(1) A PHYSICAL ATTRIBUTE BUILT INTO A NEEDLE DEVICE USED 311
FOR WITHDRAWING BODY FLUIDS, ACCESSING A VEIN OR ARTERY, OR 313
ADMINISTERING MEDICATIONS OR OTHER FLUIDS THAT EFFECTIVELY 314
REDUCES THE RISK OF AN EXPOSURE INCIDENT BY A MECHANISM SUCH AS 315
BARRIER CREATION, BLUNTING, ENCAPSULATION, WITHDRAWAL,
RETRACTION, DESTRUCTION, OR ANY OTHER EFFECTIVE MECHANISM; 316
(2) A PHYSICAL ATTRIBUTE BUILT INTO A TYPE OF NEEDLE 318
DEVICE NOT INCLUDED IN DIVISION (B)(1) OF THIS SECTION, OR BUILT 319
INTO A NON-NEEDLE SHARP, THAT EFFECTIVELY REDUCES THE RISK OF AN 320
EXPOSURE INCIDENT.
(C) "EXPOSURE INCIDENT" MEANS AN OCCURRENCE OF 322
OCCUPATIONAL EXPOSURE TO BLOOD OR OTHER MATERIAL POTENTIALLY 323
CONTAINING BLOODBORNE PATHOGENS, INCLUDING EXPOSURE THAT OCCURS 325
THROUGH A SHARPS INJURY.
(D) "NEEDLELESS SYSTEM" MEANS A DEVICE THAT DOES NOT 327
UTILIZE NEEDLES FOR THE FOLLOWING: 328
(1) WITHDRAWING BODY FLUIDS AFTER INITIAL VENOUS OR 330
ARTERIAL ACCESS IS ESTABLISHED; 331
(2) ADMINISTERING MEDICATION OR FLUIDS; 333
(3) PERFORMING ANY OTHER PROCEDURE INVOLVING POTENTIAL 335
EXPOSURE INCIDENTS. 336
8
(E) "PUBLIC HEALTH CARE WORKER" MEANS A PERSON WHO IS 338
EMPLOYED BY A PUBLIC EMPLOYER TO PROVIDE HEALTH SERVICES THAT 340
CARRY WITH THEM THE POTENTIAL FOR EXPOSURE INCIDENTS, INCLUDING A 342
PERSON EMPLOYED BY A PUBLIC HOSPITAL OR OTHER PUBLIC HEALTH CARE 343
FACILITY, A PERSON EMPLOYED BY A PUBLIC EMPLOYER TO PROVIDE HOME 344
HEALTH CARE, AND A PERSON EMPLOYED BY A PUBLIC EMPLOYER AS A 345
FIREFIGHTER, EMERGENCY MEDICAL TECHNICIAN-BASIC, EMERGENCY 346
MEDICAL TECHNICIAN-INTERMEDIATE, OR EMERGENCY MEDICAL 347
TECHNICIAN-PARAMEDIC. "PUBLIC HEALTH CARE WORKER" DOES NOT 348
INCLUDE A PERSON WHO IS EMPLOYED BY A PUBLIC EMPLOYER TO PROVIDE 349
DENTAL SERVICES, TREATMENT, OR TRAINING OR A DENTAL STUDENT WHO 350
IS RECEIVING TRAINING FROM A PUBLIC EMPLOYER.
(F) "SHARP" MEANS AN OBJECT USED IN OR ENCOUNTERED WHEN 353
PROVIDING HEALTH CARE SERVICES THAT CAN BE REASONABLY ANTICIPATED 354
TO PENETRATE THE SKIN OR ANY OTHER PART OF THE BODY AND RESULT IN 355
AN EXPOSURE INCIDENT, INCLUDING OBJECTS SUCH AS NEEDLE DEVICES, 357
SCALPELS, LANCETS, AND BROKEN GLASS.
(G) "SHARPS INJURY" MEANS AN INJURY CAUSED BY A SHARP, 359
INCLUDING SUCH INJURIES AS CUTS, ABRASIONS, AND NEEDLESTICKS. 360
Sec. 4167.26. (A) THE PUBLIC EMPLOYMENT RISK REDUCTION 362
ADVISORY COMMISSION SHALL APPOINT A SUBCOMMITTEE FOR PURPOSES OF 363
PROTECTING PUBLIC HEALTH CARE WORKERS FROM EXPOSURE INCIDENTS. 364
AT ALL TIMES, AT LEAST HALF OF THE SUBCOMMITTEE'S MEMBERS SHALL 365
BE PUBLIC HEALTH CARE WORKERS WHO ARE ACTIVELY ENGAGED IN 366
PROVIDING DIRECT CARE TO AND FOR PATIENTS. THESE FRONT-LINE 367
PUBLIC HEALTH CARE WORKERS SHALL BE APPOINTED IN SUCH A MANNER 368
THAT THE MEMBERSHIP REPRESENTS A VARIETY OF OCCUPATIONAL 369
CLASSIFICATIONS, INCLUDING PHYSICIANS, NURSES, NURSE AIDES, 370
LABORATORY TECHNICIANS, AND PHLEBOTOMISTS. AT ALL TIMES, THE 371
SUBCOMMITTEE'S MEMBERS SHALL INCLUDE AT LEAST ONE FIRE CHIEF; AT 373
LEAST ONE FIREFIGHTER; AT LEAST ONE EMERGENCY MEDICAL 374
TECHNICIAN-BASIC, EMERGENCY MEDICAL TECHNICIAN-INTERMEDIATE, OR 375
EMERGENCY MEDICAL TECHNICIAN-PARAMEDIC; AND AT LEAST ONE 377
INDIVIDUAL WHO PRACTICES INFECTION CONTROL OR IS AN INFECTION
9
CONTROL COORDINATOR FOR A HOSPITAL. 378
(B) THE SUBCOMMITTEE SHALL STUDY METHODS BY WHICH PUBLIC 380
HEALTH CARE WORKERS CAN BE PROTECTED FROM EXPOSURE INCIDENTS. 381
THE STUDY SHALL INCLUDE EVALUATIONS OF NEEDLELESS SYSTEMS, 383
PRODUCTS THAT HAVE BEEN MANUFACTURED WITH ENGINEERED SHARPS 384
INJURY PROTECTION, AND OTHER DEVICES THAT COMPLY WITH THE UNITED 385
STATES OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION'S BLOODBORNE 386
PATHOGEN STANDARDS. BEFORE A MEMBER MAY PARTICIPATE IN THE 388
EVALUATION OF A PRODUCT, THE MEMBER SHALL BE TRAINED IN THE 389
PROPER METHOD OF USING PRODUCT EVALUATION CRITERIA.
(C) THE SUBCOMMITTEE SHALL SUBMIT RECOMMENDATIONS TO THE 391
COMMISSION FOR PURPOSES OF THE COMMISSION'S ADOPTION, 392
MODIFICATION, OR RESCISSION OF RULES UNDER SECTION 4167.27 OF THE 394
REVISED CODE. IN MAKING ITS RECOMMENDATIONS, THE SUBCOMMITTEE 395
SHALL ADDRESS ALL OF THE FOLLOWING:
(1) CREATION OF A LIST OF NEEDLELESS SYSTEMS, SHARPS THAT 397
ARE MANUFACTURED WITH ENGINEERED SHARPS INJURY PROTECTION, AND 399
OTHER DEVICES THAT COMPLY WITH THE UNITED STATES OCCUPATIONAL 400
SAFETY AND HEALTH ADMINISTRATION'S BLOODBORNE PATHOGEN STANDARDS. 401
THE LIST MAY BE BASED ON EXISTING SOURCES OF INFORMATION, 402
INCLUDING THE UNITED STATES FOOD AND DRUG ADMINISTRATION, THE 404
CENTERS FOR DISEASE CONTROL AND PREVENTION, THE NATIONAL 405
INSTITUTE OF OCCUPATIONAL SAFETY AND HEALTH, AND THE UNITED 406
STATES DEPARTMENT OF VETERANS AFFAIRS.
(2) ESTABLISHMENT OF CONTROL PROCEDURES FOR THE PREVENTION 408
OF EXPOSURE INCIDENTS, INCLUDING TRAINING AND EDUCATIONAL 409
REQUIREMENTS, INCREASED USE OF VACCINATIONS, STRATEGIC PLACEMENT 410
OF CONTAINERS FOR SHARPS AS CLOSE TO THE WORK AREA AS POSSIBLE, 411
AND INCREASED USE OF PERSONAL PROTECTIVE EQUIPMENT; 412
(3) ANY OTHER MATTER THE SUBCOMMITTEE CONSIDERS RELEVANT. 414
(D) IF A SUBCOMMITTEE MEMBER REPRESENTS A PROFESSION OR A 416
FACILITY IN WHICH HEALTH CARE SERVICES ARE PROVIDED, AND THE 417
PROFESSION OR FACILITY IS SUBJECT TO REGULATION BY THIS STATE, 419
THE MEMBER SHALL REPORT THE SUBCOMMITTEE'S RECOMMENDATIONS TO THE 420
10
STATE AGENCY RESPONSIBLE FOR REGULATING THE PROFESSION OR 421
FACILITY.
Sec. 4167.27. (A) THE PUBLIC EMPLOYMENT RISK REDUCTION 423
ADVISORY COMMISSION SHALL ADOPT A RULE AND OHIO EMPLOYMENT RISK 424
REDUCTION STANDARD FOR THE PREVENTION OF EXPOSURE INCIDENTS. THE 425
INITIAL RULE AND STANDARD SHALL BE ADOPTED NOT LATER THAN ONE 426
HUNDRED EIGHTY DAYS AFTER THE EFFECTIVE DATE OF THIS SECTION. IN 428
ADOPTING, MODIFYING, OR RESCINDING THE RULE OR STANDARD, THE 429
COMMISSION SHALL ACT IN ACCORDANCE WITH RECOMMENDATIONS SUBMITTED 430
BY THE COMMISSION'S SUBCOMMITTEE APPOINTED UNDER SECTION 4167.26 431
OF THE REVISED CODE.
(B) THE COMMISSION SHALL PROVIDE ADVICE TO PUBLIC 433
EMPLOYERS WITH REGARD TO THEIR IMPLEMENTATION OF THE REQUIREMENTS 435
ESTABLISHED BY THE RULE AND STANDARD ADOPTED UNDER THIS SECTION 437
AND THE REQUIREMENTS OF SECTION 4167.28 OF THE REVISED CODE. 438
Sec. 4167.28. (A) EXCEPT AS PROVIDED IN DIVISION (B) OF 440
THIS SECTION, EACH PUBLIC EMPLOYER OF PUBLIC HEALTH CARE WORKERS 442
SHALL DO ALL OF THE FOLLOWING: 443
(1) INCLUDE, AS PART OF THE EMPLOYER'S ENGINEERING AND 445
WORK PRACTICE CONTROLS, NEEDLELESS SYSTEMS, SHARPS THAT ARE 446
MANUFACTURED WITH ENGINEERED SHARPS INJURY PROTECTION, AND OTHER 447
DEVICES THAT COMPLY WITH THE UNITED STATES OCCUPATIONAL SAFETY 448
AND HEALTH ADMINISTRATION'S BLOODBORNE PATHOGEN STANDARDS; 449
(2) DEVELOP AND IMPLEMENT A WRITTEN EXPOSURE CONTROL PLAN 451
THAT IS CONSISTENT WITH THE EMPLOYMENT RISK REDUCTION STANDARD 452
ESTABLISHED IN RULES ADOPTED UNDER SECTION 4167.27 OF THE REVISED 456
CODE, INCLUDING PROCEDURES FOR BOTH OF THE FOLLOWING: 457
(a) IDENTIFYING AND SELECTING NEEDLELESS SYSTEMS, SHARPS 459
THAT ARE MANUFACTURED WITH ENGINEERED SHARPS INJURY PROTECTION, 461
AND OTHER DEVICES THAT COMPLY WITH THE UNITED STATES OCCUPATIONAL 463
SAFETY AND HEALTH ADMINISTRATION'S BLOODBORNE PATHOGEN STANDARDS; 464
(b) UPDATING, AT LEAST ONCE A YEAR, THE EXPOSURE CONTROL 466
PLAN WHEN NECESSARY TO REFLECT PROGRESS IN IMPLEMENTING 467
NEEDLELESS SYSTEMS AND SHARPS THAT ARE MANUFACTURED WITH 468
11
ENGINEERED SHARPS INJURY PROTECTION.
(3) ENSURE THAT ALL PUBLIC HEALTH CARE WORKERS ARE TRAINED 470
IN THE USE OF ENGINEERING AND WORK PRACTICE CONTROLS BEFORE 471
UNDERTAKING ANY TASK WITH POTENTIAL FOR EXPOSURE INCIDENTS; 472
(4) MAINTAIN ACCURATE RECORDS OF PUBLIC HEALTH CARE WORKER 475
EXPOSURE INCIDENTS. THE RECORDS SHALL CONTAIN THE FOLLOWING 477
INFORMATION:
(a) THE DATE AND TIME OF THE INCIDENT; 479
(b) THE TYPE AND BRAND OF SHARP INVOLVED; 481
(c) THE JOB CLASSIFICATION OF EACH WORKER INVOLVED; 483
(d) THE DEPARTMENT OR WORK AREA WHERE THE INCIDENT 485
OCCURRED; 486
(e) THE PROCEDURE THE WORKER WAS PERFORMING AT THE TIME OF 489
THE INCIDENT;
(f) HOW THE INCIDENT OCCURRED; 491
(g) THE BODY PART INVOLVED; 493
(h) IF THE SHARP INVOLVED IN THE INCIDENT WAS MANUFACTURED 495
WITH ENGINEERED SHARPS INJURY PROTECTION, A SPECIFICATION OF 497
WHETHER THE INCIDENT OCCURRED BEFORE, DURING, OR AFTER ACTIVATION 499
OF THE PROTECTIVE MECHANISM;
(i) IF THE SHARP INVOLVED IN THE INCIDENT WAS NOT 501
MANUFACTURED WITH ENGINEERED SHARPS INJURY PROTECTION, AN 503
ASSESSMENT OF WHETHER AND HOW THE INCIDENT COULD HAVE BEEN 504
PREVENTED BY A SHARP WITH PROTECTION, AND THE BASIS FOR THE 505
ASSESSMENT; 506
(j) ANY OTHER RELEVANT DESCRIPTION OF THE EXPOSURE 508
INCIDENT.
(B) NOTWITHSTANDING ANY PROVISION OF THE RULE AND OHIO 510
EMPLOYMENT RISK REDUCTION STANDARD ADOPTED UNDER SECTION 4167.27 511
OF THE REVISED CODE, BOTH OF THE FOLLOWING APPLY: 512
(1) A PUBLIC EMPLOYER, UNDER DIVISION (D) OF SECTION 514
4167.09 OF THE REVISED CODE, MAY BE GRANTED A VARIANCE FROM THE 516
REQUIREMENTS OF THIS SECTION FOR EITHER OF THE FOLLOWING REASONS: 518
(a) NEEDLELESS SYSTEMS OR SHARPS THAT ARE MANUFACTURED 520
12
WITH ENGINEERED SHARPS INJURY PROTECTION ARE NOT AVAILABLE IN THE 521
MARKETPLACE;
(b) THE EMPLOYER DETERMINES, WITH RESPECT TO A SPECIFIC 523
MEDICAL PROCEDURE, THAT USE OF NEEDLELESS SYSTEMS OR SHARPS THAT 524
ARE MANUFACTURED WITH ENGINEERED SHARPS INJURY PROTECTION WOULD 526
JEOPARDIZE PATIENT OR WORKER SAFETY.
(2) UNTIL FIVE YEARS AFTER THE EFFECTIVE DATE OF THIS 528
SECTION, THE EMPLOYER MAY ALLOW A DRUG OR OTHER SUBSTANCE TO BE 529
ADMINISTERED WITH A DEVICE WITHOUT ENGINEERED SHARPS INJURY 530
PROTECTION, IF THE DRUG OR SUBSTANCE IS RECEIVED IN A PREFILLED 531
SYRINGE OR ANY OTHER PREPACKAGED ADMINISTRATION SYSTEM AND HAS 532
BEEN APPROVED FOR COMMERCIAL DISTRIBUTION OR INVESTIGATIONAL USE 533
BY THE UNITED STATES FOOD AND DRUG ADMINISTRATION. 535
(C) ANY OF THE RECORDS MAINTAINED UNDER DIVISION (A)(4) OF 538
THIS SECTION MAY BE USED BY THE PUBLIC EMPLOYER FOR PURPOSES OF
COMPLYING WITH THE RECORD-KEEPING AND REPORTING REQUIREMENTS 539
ESTABLISHED UNDER SECTION 4167.11 OF THE REVISED CODE. 540
Section 2. That existing sections 4167.01 and 4167.09 of 543
the Revised Code are hereby repealed.
Section 3. Section 4167.01 of the Revised Code is 545
presented in this act as a composite of the section as amended by 546
both Am. Sub. H.B. 10 and Am. Sub. S.B. 162 of the 121st General 547
Assembly, with the new language of neither of the acts shown in 549
capital letters. This is in recognition of the principle stated 550
in division (B) of section 1.52 of the Revised Code that such 551
amendments are to be harmonized where not substantively 552
irreconcilable and constitutes a legislative finding that such is 553
the resulting version in effect prior to the effective date of 554
this act.