As Passed by the House 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-SCHULER-JONES-CALLENDER- 12
D. MILLER-BARNES-FLANNERY-VERICH-DISTEL-MOTTLEY-BOYD-
BENDER-SULZER-JAMES-FERDERBER-HARTNETT-SCHUCK-KILBANE- 13
METELSKY-CAREY-WILSON-GERBERRY-AUSTRIA-KREBS-STEVENS-WINKLER- 14
CLANCY-O'BRIEN-GOODING-HARRIS-CATES-BRITTON-WIDENER-BARRETT- 15
FORD-PERRY-JERSE-JOLIVETTE-PATTON-SMITH-SYKES-SULLIVAN-HOOPS- 16
SALERNO 17
_________________________________________________________________ 19
A B I L L
To amend sections 4167.01 and 4167.09 and to enact 22
sections 4167.25 to 4167.28 of the Revised Code
to require that each public employer of health 24
care workers develop an exposure control plan 25
incorporating the use of needleless systems, 26
sharps with injury protection devices, and other 27
devices determined effective in reducing the risk
of exposure incidence. 28
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 30
Section 1. That sections 4167.01 and 4167.09 be amended 33
and sections 4167.25, 4167.26, 4167.27, and 4167.28 of the
Revised Code be enacted to read as follows: 35
Sec. 4167.01. As used in this chapter: 44
(A) "Public employer" means any of the following: 46
(1) The state and its instrumentalities; 48
(2) Any political subdivisions and their 50
2
instrumentalities, including any county, county hospital, 51
municipal corporation, city, village, township, park district, 52
school district, state institution of higher learning, public or 53
special district, state agency, authority, commission, or board; 54
(3) Any other branch of public employment not mentioned in 56
division (A)(1) or (2) of this section. 57
(B) "Public employee" means any individual who engages to 59
furnish services subject to the direction and control of a public 60
employer, including those individuals working for a private 61
employer who has contracted with a public employer and over whom 62
the national labor relations board has declined jurisdiction. 63
"Public employee" does not mean any of the following: 64
(1) A fire fighter FIREFIGHTER, an emergency medical 66
technician-ambulance TECHNICIAN-BASIC, an advanced emergency 68
medical technician-ambulance TECHNICIAN-INTERMEDIATE, a 69
paramedic, or a peace officer employed by a public employer as 71
defined in division (A)(2) of this section, any member of the 72
organized militia ordered to duty by state authority pursuant to 73
Chapter 5923. of the Revised Code, or a fire fighter FIREFIGHTER, 74
an emergency medical technician-ambulance TECHNICIAN-BASIC, an 77
advanced emergency medical technician-ambulance
TECHNICIAN-INTERMEDIATE, or a paramedic employed by a private 80
employer that is organized as a nonprofit fire company or life 81
squad that contracts with a public employer to provide fire 82
protection or emergency medical services; 84
(2) Any person employed as a correctional officer in a 86
county or municipal corporation correctional institution, whether 87
the county or municipal corporation solely or in conjunction with 88
each other operates the institution;
(3) Any person who engages to furnish services subject to 90
the direction and control of a public employer but does not 91
receive compensation, either directly or indirectly, for those 92
services;
(4) Any forest officer, park officer, watercraft officer, 94
3
wildlife officer, or preserve officer. 95
(C) "Public employee representative" means an employee 97
organization certified by the state employment relations board 98
under section 4117.05 of the Revised Code as the exclusive 99
representative of the public employees in a bargaining unit. 100
(D) "Employment risk reduction standard" means a standard 102
which requires conditions, or the adoption or use of one or more 103
practices, means, methods, operations, or processes, reasonably 104
necessary or appropriate to provide safe and healthful employment 105
and places of employment. 106
(E) "Ohio employment risk reduction standard" means any 108
risk reduction standard adopted or issued under this chapter. 109
(F) "Undue hardship" means any requirement imposed under 111
this chapter or a rule or order issued thereunder that would 112
require a public employer to take an action with significant 113
difficulty or expense when considered in light of all of the 114
following factors: 115
(1) The nature and cost of the action required under this 117
chapter; 118
(2) The overall financial resources of the public employer 120
involved in the action; 121
(3) The number of persons employed by the public employer 123
at the particular location where the action may be required; 124
(4) The effect on expenses and resources or the impact 126
otherwise of the action required upon the operations of the 127
public employer at the location where the action may be required; 128
(5) The overall size of the public employer with respect 130
to the number of its public employees; 131
(6) The number, type, and location of the public 133
employer's operations, including the composition, structure, and 134
functions of the workforce of the public entity; 135
(7) The geographic separateness, administrative, or fiscal 137
relationship of the public employer's operations to the whole 138
public employer. 139
4
Sec. 4167.09. (A) Any public employer affected by a 148
proposed rule or Ohio employment risk reduction standard or any 149
provision thereof proposed under section 4167.07 or, 4167.08, OR 151
4167.26 of the Revised Code may apply to the director of commerce 153
for an order granting a temporary variance from the standard or 155
provision thereof. The application for the order and any 156
extension thereof shall contain a reasonable application fee, as 157
determined by the public employment risk reduction advisory 158
commission, and all of the following information: 159
(1) A specification of the Ohio public employment risk 161
reduction standard or portion thereof from which the public 162
employer seeks the temporary variance; 163
(2) A representation by the public employer, supported by 165
representations from qualified persons having firsthand knowledge 166
of the facts represented, that the public employer is unable to 167
comply with the Ohio employment risk reduction standard or 168
portion thereof and a detailed statement of the reasons therefor; 169
(3) A statement of the steps that the public employer has 171
taken and will take, with dates specified, to protect employees 172
against the hazard covered by the standard; 173
(4) A statement of when the public employer expects to be 175
able to comply fully with the Ohio employment risk reduction 176
standard and what steps the public employer has taken and will 178
take, with dates specified, to come into full compliance with the 179
standard;
(5) A certification that the public employer has informed 181
the public employer's public employees of the application by 182
giving a copy of the application to the public employee 184
representative, if any, and by posting a statement giving a 185
summary of the application and specifying where a copy of the 186
application may be examined at the place or places where notices 187
to public employees are normally posted, and by any other 188
appropriate means of public employee notification. The public 189
employer must also inform the public employer's public employees 191
5
of their rights to a hearing under section 4167.15 of the Revised 192
Code. The certification also shall contain a description of how 193
public employees have been informed of the application and of 194
their rights to a hearing.
(B) The director shall issue an order providing for a 198
temporary variance if the public employer files an application
that meets the requirements of division (A) of this section and 199
establishes that all of the following pertaining to the public 200
employer are true: 201
(1) The public employer is unable to comply with the Ohio 203
employment risk reduction standard or a provision thereof by its 205
effective date because of the unavailability of professional or 206
technical personnel or of materials and equipment needed to come 207
into compliance with the Ohio employment risk reduction standard 208
or provision thereof or because necessary construction or 209
alteration of facilities cannot be completed by the effective 210
date of the standard. 211
(2) The public employer is taking all available steps to 213
safeguard the public employer's public employees against the 214
hazards covered by the Ohio employment risk reduction standard. 216
(3) The public employer has an effective program for 218
coming into compliance with the Ohio employment risk reduction 220
standard as quickly as practicable. 221
(4) The granting of the variance will not create an 223
imminent danger of death or serious physical harm to public 224
employees. 225
(C)(1) If the director issues an order providing for a 229
temporary variance under division (B) of this section, the
director shall prescribe the practices, means, methods, 231
operations, and processes that the public employer must adopt and 233
use while the order is in effect and state in detail the public 234
employer's program for coming into compliance with the Ohio 235
employment risk reduction standard. The director may issue the 236
order only after providing notice to affected public employees 239
6
and their public employee representative, if any, and an 240
opportunity for a hearing pursuant to section 4167.15 of the 241
Revised Code, provided that the director may issue one interim 242
order granting a temporary order to be effective until a decision 246
on a hearing is made. Except as provided in division (C)(2) of 247
this section, no temporary variance may be in effect for longer 248
than the period needed by the public employer to achieve 249
compliance with the Ohio employment risk reduction standard or 250
one year, whichever is shorter. 251
(2) The director may renew an order issued under division 254
(C) of this section up to two times provided that the 255
requirements of divisions (A), (B), and (C)(1) of this section 256
and section 4167.15 of the Revised Code are met and the public 257
employer files an application for renewal with the director at 258
least ninety days prior to the expiration date of the order. 261
(D) Any public employer affected by an Ohio employment 263
risk reduction standard or any provision thereof proposed, 264
adopted, or otherwise issued under section 4167.07 or 4167.09, 265
4167.08, OR 4167.26 of the Revised Code may apply to the director 267
for an order granting a variance from the standard or portion 268
thereof. The director shall provide affected public employees 269
and their public employee representative, if any, notice of the 272
application and shall provide an opportunity for a hearing 273
pursuant to section 4167.15 of the Revised Code. The director 274
shall issue the order granting the variance if the public 276
employer files an application that meets the requirements of 277
division (B) of this section, and after an opportunity for a 278
hearing pursuant to section 4167.15 of the Revised Code, and if 279
the public employer establishes to the satisfaction of the 280
director that the conditions, practices, means, methods, 281
operations, or processes used or proposed to be used by the 282
public employer will provide employment and places of employment 283
to the public employer's public employees that are as safe and 284
healthful as those that would prevail if the public employer 285
7
complied with the Ohio employment risk reduction standard. The 287
director shall prescribe in the order granting the variance the 290
conditions the public employer must maintain, and the practices, 291
means, methods, operations, and processes the public employer 292
must adopt and utilize in lieu of the Ohio employment risk 294
reduction standard which would otherwise apply. The director may 295
modify or revoke the order upon application of the public 297
employer, public employee, or public employee representative, or 298
upon the director's own motion in the manner prescribed for the 300
issuance of an order under this division at any time during six 301
months after the date of issuance of the order.
Sec. 4167.25. AS USED IN THIS SECTION AND SECTIONS 4167.26 303
TO 4767.28 OF THE REVISED CODE: 304
(A) "BLOODBORNE PATHOGEN" MEANS A MICROORGANISM PRESENT IN 306
HUMAN BLOOD THAT CAN CAUSE DISEASE IN HUMANS, INCLUDING THE HUMAN 308
IMMUNODEFICIENCY VIRUS, HEPATITIS B VIRUS, HEPATITIS C VIRUS, AND 311
OTHER PATHOGENIC MICROORGANISMS.
(B) "ENGINEERED SHARPS INJURY PROTECTION" MEANS EITHER OF 313
THE FOLLOWING: 315
(1) A PHYSICAL ATTRIBUTE BUILT INTO A NEEDLE DEVICE USED 317
FOR WITHDRAWING BODY FLUIDS, ACCESSING A VEIN OR ARTERY, OR 319
ADMINISTERING MEDICATIONS OR OTHER FLUIDS THAT EFFECTIVELY 320
REDUCES THE RISK OF AN EXPOSURE INCIDENT BY A MECHANISM SUCH AS 321
BARRIER CREATION, BLUNTING, ENCAPSULATION, WITHDRAWAL,
RETRACTION, DESTRUCTION, OR ANY OTHER EFFECTIVE MECHANISM; 322
(2) A PHYSICAL ATTRIBUTE BUILT INTO A TYPE OF NEEDLE 324
DEVICE NOT INCLUDED IN DIVISION (B)(1) OF THIS SECTION, OR BUILT 325
INTO A NON-NEEDLE SHARP, THAT EFFECTIVELY REDUCES THE RISK OF AN 326
EXPOSURE INCIDENT.
(C) "EXPOSURE INCIDENT" MEANS AN OCCURRENCE OF 328
OCCUPATIONAL EXPOSURE TO BLOOD OR OTHER MATERIAL POTENTIALLY 329
CONTAINING BLOODBORNE PATHOGENS, INCLUDING EXPOSURE THAT OCCURS 331
THROUGH A SHARPS INJURY.
(D) "NEEDLELESS SYSTEM" MEANS A DEVICE THAT DOES NOT 333
8
UTILIZE NEEDLES FOR THE FOLLOWING: 334
(1) WITHDRAWING BODY FLUIDS AFTER INITIAL VENOUS OR 336
ARTERIAL ACCESS IS ESTABLISHED; 337
(2) ADMINISTERING MEDICATION OR FLUIDS; 339
(3) PERFORMING ANY OTHER PROCEDURE INVOLVING POTENTIAL 341
EXPOSURE INCIDENTS. 342
(E) "PUBLIC HEALTH CARE WORKER" MEANS A PERSON WHO IS 344
EMPLOYED BY A PUBLIC EMPLOYER TO PROVIDE HEALTH SERVICES THAT 346
CARRY WITH THEM THE POTENTIAL FOR EXPOSURE INCIDENTS, INCLUDING A 348
PERSON EMPLOYED BY A PUBLIC HOSPITAL OR OTHER PUBLIC HEALTH CARE 349
FACILITY, A PERSON EMPLOYED BY A PUBLIC EMPLOYER TO PROVIDE HOME 350
HEALTH CARE, AND A PERSON EMPLOYED BY A PUBLIC EMPLOYER AS A 351
FIREFIGHTER, EMERGENCY MEDICAL TECHNICIAN-BASIC, EMERGENCY 352
MEDICAL TECHNICIAN-INTERMEDIATE, OR EMERGENCY MEDICAL 353
TECHNICIAN-PARAMEDIC. "PUBLIC HEALTH CARE WORKER" DOES NOT 354
INCLUDE A PERSON WHO IS EMPLOYED BY A PUBLIC EMPLOYER TO PROVIDE 355
DENTAL SERVICES, TREATMENT, OR TRAINING OR A DENTAL STUDENT WHO 356
IS RECEIVING TRAINING FROM A PUBLIC EMPLOYER.
(F) "SHARP" MEANS AN OBJECT USED IN OR ENCOUNTERED WHEN 359
PROVIDING HEALTH CARE SERVICES THAT CAN BE REASONABLY ANTICIPATED 360
TO PENETRATE THE SKIN OR ANY OTHER PART OF THE BODY AND RESULT IN 361
AN EXPOSURE INCIDENT, INCLUDING OBJECTS SUCH AS NEEDLE DEVICES, 363
SCALPELS, LANCETS, AND BROKEN GLASS.
(G) "SHARPS INJURY" MEANS AN INJURY CAUSED BY A SHARP, 365
INCLUDING SUCH INJURIES AS CUTS, ABRASIONS, AND NEEDLESTICKS. 366
Sec. 4167.26. (A) THE PUBLIC EMPLOYMENT RISK REDUCTION 368
ADVISORY COMMISSION SHALL APPOINT A SUBCOMMITTEE FOR PURPOSES OF 369
PROTECTING PUBLIC HEALTH CARE WORKERS FROM EXPOSURE INCIDENTS. 370
AT ALL TIMES, AT LEAST HALF OF THE SUBCOMMITTEE'S MEMBERS SHALL 371
BE PUBLIC HEALTH CARE WORKERS WHO ARE ACTIVELY ENGAGED IN 372
PROVIDING DIRECT CARE TO AND FOR PATIENTS. THESE FRONT-LINE 373
PUBLIC HEALTH CARE WORKERS SHALL BE APPOINTED IN SUCH A MANNER 374
THAT THE MEMBERSHIP REPRESENTS A VARIETY OF OCCUPATIONAL 375
CLASSIFICATIONS, INCLUDING PHYSICIANS, NURSES, NURSE AIDES, 376
9
LABORATORY TECHNICIANS, AND PHLEBOTOMISTS. AT ALL TIMES, THE 377
SUBCOMMITTEE'S MEMBERS SHALL INCLUDE AT LEAST ONE FIRE CHIEF; AT 379
LEAST ONE FIREFIGHTER; AT LEAST ONE EMERGENCY MEDICAL 380
TECHNICIAN-BASIC, EMERGENCY MEDICAL TECHNICIAN-INTERMEDIATE, OR 381
EMERGENCY MEDICAL TECHNICIAN-PARAMEDIC; AND AT LEAST ONE 383
INDIVIDUAL WHO PRACTICES INFECTION CONTROL OR IS AN INFECTION
CONTROL COORDINATOR FOR A HOSPITAL. 384
(B) THE SUBCOMMITTEE SHALL STUDY METHODS BY WHICH PUBLIC 386
HEALTH CARE WORKERS CAN BE PROTECTED FROM EXPOSURE INCIDENTS. 387
THE STUDY SHALL INCLUDE EVALUATIONS OF NEEDLELESS SYSTEMS, 389
PRODUCTS THAT HAVE BEEN MANUFACTURED WITH ENGINEERED SHARPS 390
INJURY PROTECTION, AND OTHER DEVICES THAT COMPLY WITH THE UNITED 391
STATES OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION'S BLOODBORNE 392
PATHOGEN STANDARDS. BEFORE A MEMBER MAY PARTICIPATE IN THE 394
EVALUATION OF A PRODUCT, THE MEMBER SHALL BE TRAINED IN THE 395
PROPER METHOD OF USING PRODUCT EVALUATION CRITERIA.
(C) THE SUBCOMMITTEE SHALL SUBMIT RECOMMENDATIONS TO THE 397
COMMISSION FOR PURPOSES OF THE COMMISSION'S ADOPTION, 398
MODIFICATION, OR RESCISSION OF RULES UNDER SECTION 4167.27 OF THE 400
REVISED CODE. IN MAKING ITS RECOMMENDATIONS, THE SUBCOMMITTEE 401
SHALL ADDRESS ALL OF THE FOLLOWING:
(1) CREATION OF A LIST OF NEEDLELESS SYSTEMS, SHARPS THAT 403
ARE MANUFACTURED WITH ENGINEERED SHARPS INJURY PROTECTION, AND 405
OTHER DEVICES THAT COMPLY WITH THE UNITED STATES OCCUPATIONAL 406
SAFETY AND HEALTH ADMINISTRATION'S BLOODBORNE PATHOGEN STANDARDS. 407
THE LIST MAY BE BASED ON EXISTING SOURCES OF INFORMATION, 408
INCLUDING THE UNITED STATES FOOD AND DRUG ADMINISTRATION, THE 410
CENTERS FOR DISEASE CONTROL AND PREVENTION, THE NATIONAL 411
INSTITUTE OF OCCUPATIONAL SAFETY AND HEALTH, AND THE UNITED 412
STATES DEPARTMENT OF VETERANS AFFAIRS.
(2) ESTABLISHMENT OF CONTROL PROCEDURES FOR THE PREVENTION 414
OF EXPOSURE INCIDENTS, INCLUDING TRAINING AND EDUCATIONAL 415
REQUIREMENTS, INCREASED USE OF VACCINATIONS, STRATEGIC PLACEMENT 416
OF CONTAINERS FOR SHARPS AS CLOSE TO THE WORK AREA AS POSSIBLE, 417
10
AND INCREASED USE OF PERSONAL PROTECTIVE EQUIPMENT; 418
(3) ANY OTHER MATTER THE SUBCOMMITTEE CONSIDERS RELEVANT. 420
(D) IF A SUBCOMMITTEE MEMBER REPRESENTS A PROFESSION OR A 422
FACILITY IN WHICH HEALTH CARE SERVICES ARE PROVIDED, AND THE 423
PROFESSION OR FACILITY IS SUBJECT TO REGULATION BY THIS STATE, 425
THE MEMBER SHALL REPORT THE SUBCOMMITTEE'S RECOMMENDATIONS TO THE 426
STATE AGENCY RESPONSIBLE FOR REGULATING THE PROFESSION OR 427
FACILITY.
Sec. 4167.27. (A) THE PUBLIC EMPLOYMENT RISK REDUCTION 429
ADVISORY COMMISSION SHALL ADOPT A RULE AND OHIO EMPLOYMENT RISK 430
REDUCTION STANDARD FOR THE PREVENTION OF EXPOSURE INCIDENTS. THE 431
INITIAL RULE AND STANDARD SHALL BE ADOPTED NOT LATER THAN ONE 432
HUNDRED EIGHTY DAYS AFTER THE EFFECTIVE DATE OF THIS SECTION. IN 434
ADOPTING, MODIFYING, OR RESCINDING THE RULE OR STANDARD, THE 435
COMMISSION SHALL ACT IN ACCORDANCE WITH RECOMMENDATIONS SUBMITTED 436
BY THE COMMISSION'S SUBCOMMITTEE APPOINTED UNDER SECTION 4167.26 437
OF THE REVISED CODE.
(B) THE COMMISSION SHALL PROVIDE ADVICE TO PUBLIC 439
EMPLOYERS WITH REGARD TO THEIR IMPLEMENTATION OF THE REQUIREMENTS 441
ESTABLISHED BY THE RULE AND STANDARD ADOPTED UNDER THIS SECTION 443
AND THE REQUIREMENTS OF SECTION 4167.28 OF THE REVISED CODE. 444
Sec. 4167.28. (A) EXCEPT AS PROVIDED IN DIVISION (B) OF 446
THIS SECTION, EACH PUBLIC EMPLOYER OF PUBLIC HEALTH CARE WORKERS 448
SHALL DO ALL OF THE FOLLOWING: 449
(1) INCLUDE, AS PART OF THE EMPLOYER'S ENGINEERING AND 451
WORK PRACTICE CONTROLS, NEEDLELESS SYSTEMS, SHARPS THAT ARE 452
MANUFACTURED WITH ENGINEERED SHARPS INJURY PROTECTION, AND OTHER 453
DEVICES THAT COMPLY WITH THE UNITED STATES OCCUPATIONAL SAFETY 454
AND HEALTH ADMINISTRATION'S BLOODBORNE PATHOGEN STANDARDS; 455
(2) DEVELOP AND IMPLEMENT A WRITTEN EXPOSURE CONTROL PLAN 457
THAT IS CONSISTENT WITH THE EMPLOYMENT RISK REDUCTION STANDARD 458
ESTABLISHED IN RULES ADOPTED UNDER SECTION 4167.27 OF THE REVISED 462
CODE, INCLUDING PROCEDURES FOR BOTH OF THE FOLLOWING: 463
(a) IDENTIFYING AND SELECTING NEEDLELESS SYSTEMS, SHARPS 465
11
THAT ARE MANUFACTURED WITH ENGINEERED SHARPS INJURY PROTECTION, 467
AND OTHER DEVICES THAT COMPLY WITH THE UNITED STATES OCCUPATIONAL 469
SAFETY AND HEALTH ADMINISTRATION'S BLOODBORNE PATHOGEN STANDARDS; 470
(b) UPDATING, AT LEAST ONCE A YEAR, THE EXPOSURE CONTROL 472
PLAN WHEN NECESSARY TO REFLECT PROGRESS IN IMPLEMENTING 473
NEEDLELESS SYSTEMS AND SHARPS THAT ARE MANUFACTURED WITH 474
ENGINEERED SHARPS INJURY PROTECTION.
(3) ENSURE THAT ALL PUBLIC HEALTH CARE WORKERS ARE TRAINED 476
IN THE USE OF ENGINEERING AND WORK PRACTICE CONTROLS BEFORE 477
UNDERTAKING ANY TASK WITH POTENTIAL FOR EXPOSURE INCIDENTS; 478
(4) MAINTAIN ACCURATE RECORDS OF PUBLIC HEALTH CARE WORKER 481
EXPOSURE INCIDENTS. THE RECORDS SHALL CONTAIN THE FOLLOWING 483
INFORMATION:
(a) THE DATE AND TIME OF THE INCIDENT; 485
(b) THE TYPE AND BRAND OF SHARP INVOLVED; 487
(c) THE JOB CLASSIFICATION OF EACH WORKER INVOLVED; 489
(d) THE DEPARTMENT OR WORK AREA WHERE THE INCIDENT 491
OCCURRED; 492
(e) THE PROCEDURE THE WORKER WAS PERFORMING AT THE TIME OF 495
THE INCIDENT;
(f) HOW THE INCIDENT OCCURRED; 497
(g) THE BODY PART INVOLVED; 499
(h) IF THE SHARP INVOLVED IN THE INCIDENT WAS MANUFACTURED 501
WITH ENGINEERED SHARPS INJURY PROTECTION, A SPECIFICATION OF 503
WHETHER THE INCIDENT OCCURRED BEFORE, DURING, OR AFTER ACTIVATION 505
OF THE PROTECTIVE MECHANISM;
(i) IF THE SHARP INVOLVED IN THE INCIDENT WAS NOT 507
MANUFACTURED WITH ENGINEERED SHARPS INJURY PROTECTION, AN 509
ASSESSMENT OF WHETHER AND HOW THE INCIDENT COULD HAVE BEEN 510
PREVENTED BY A SHARP WITH PROTECTION, AND THE BASIS FOR THE 511
ASSESSMENT; 512
(j) ANY OTHER RELEVANT DESCRIPTION OF THE EXPOSURE 514
INCIDENT.
(B) NOTWITHSTANDING ANY PROVISION OF THE RULE AND OHIO 516
12
EMPLOYMENT RISK REDUCTION STANDARD ADOPTED UNDER SECTION 4167.27 517
OF THE REVISED CODE, BOTH OF THE FOLLOWING APPLY: 518
(1) A PUBLIC EMPLOYER, UNDER DIVISION (D) OF SECTION 520
4167.09 OF THE REVISED CODE, MAY BE GRANTED A VARIANCE FROM THE 522
REQUIREMENTS OF THIS SECTION FOR EITHER OF THE FOLLOWING REASONS: 524
(a) NEEDLELESS SYSTEMS OR SHARPS THAT ARE MANUFACTURED 526
WITH ENGINEERED SHARPS INJURY PROTECTION ARE NOT AVAILABLE IN THE 527
MARKETPLACE;
(b) THE EMPLOYER DETERMINES, WITH RESPECT TO A SPECIFIC 529
MEDICAL PROCEDURE, THAT USE OF NEEDLELESS SYSTEMS OR SHARPS THAT 530
ARE MANUFACTURED WITH ENGINEERED SHARPS INJURY PROTECTION WOULD 532
JEOPARDIZE PATIENT OR WORKER SAFETY.
(2) UNTIL FIVE YEARS AFTER THE EFFECTIVE DATE OF THIS 534
SECTION, THE EMPLOYER MAY ALLOW A DRUG OR OTHER SUBSTANCE TO BE 535
ADMINISTERED WITH A DEVICE WITHOUT ENGINEERED SHARPS INJURY 536
PROTECTION, IF THE DRUG OR SUBSTANCE IS RECEIVED IN A PREFILLED 537
SYRINGE OR ANY OTHER PREPACKAGED ADMINISTRATION SYSTEM AND HAS 538
BEEN APPROVED FOR COMMERCIAL DISTRIBUTION OR INVESTIGATIONAL USE 539
BY THE UNITED STATES FOOD AND DRUG ADMINISTRATION. 541
(C) ANY OF THE RECORDS MAINTAINED UNDER DIVISION (A)(4) OF 544
THIS SECTION MAY BE USED BY THE PUBLIC EMPLOYER FOR PURPOSES OF
COMPLYING WITH THE RECORD-KEEPING AND REPORTING REQUIREMENTS 545
ESTABLISHED UNDER SECTION 4167.11 OF THE REVISED CODE. 546
Section 2. That existing sections 4167.01 and 4167.09 of 549
the Revised Code are hereby repealed.
Section 3. Section 4167.01 of the Revised Code is 551
presented in this act as a composite of the section as amended by 552
both Am. Sub. H.B. 10 and Am. Sub. S.B. 162 of the 121st General 553
Assembly, with the new language of neither of the acts shown in 555
capital letters. This is in recognition of the principle stated 556
in division (B) of section 1.52 of the Revised Code that such 557
amendments are to be harmonized where not substantively 558
irreconcilable and constitutes a legislative finding that such is 559
the resulting version in effect prior to the effective date of 560
13
this act.