The online versions of legislation provided on this website are not official. Enrolled bills are the final version passed by the Ohio General Assembly and presented to the Governor for signature. The official version of acts signed by the Governor are available from the Secretary of State's Office in the Continental Plaza, 180 East Broad St., Columbus.
|
As Passed by the Senate
123rd General Assembly
Regular Session
1999-2000 | Sub. S. B. No. 183 |
SENATORS BRADY-DRAKE-DiDONATO-FINGERHUT-FURNEY-HAGAN-
HERINGTON-MALLORY-McLIN-PRENTISS-SHOEMAKER-BLESSING-KEARNS-
SPADA-LATELL-ESPY-WACHTMANN-JOHNSON-GARDNER-NEIN-OELSLAGER-
ARMBRUSTER-HORN-WATTS
A BILL
To amend sections 4167.01 and 4167.09 and to
enact sections 4167.25 to 4167.28 of the Revised Code to require that each
public
employer of health care workers
develop an exposure control plan incorporating the
use of needleless systems and sharps with injury protection
devices.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 4167.01 and 4167.09
be amended and sections 4167.25, 4167.26, 4167.27, and 4167.28 of the Revised
Code be enacted to
read as follows:
Sec. 4167.01. As used in this chapter:
(A) "Public employer" means any of the following:
(1) The state and its instrumentalities;
(2) Any political subdivisions and their
instrumentalities, including any county, county hospital,
municipal corporation, city, village, township, park district,
school district, state institution of higher learning, public or
special district, state agency, authority, commission, or board;
(3) Any other branch of public employment not mentioned in
division (A)(1) or (2) of this section.
(B) "Public employee" means any individual who engages to
furnish services subject to the direction and control of a public
employer, including those individuals working for a private
employer who has contracted with a public employer and over whom
the national labor relations board has declined jurisdiction.
"Public employee" does not mean any of the following:
(1) A fire fighter, an emergency medical
technician-ambulance TECHNICIAN-BASIC, an advanced
emergency medical
technician-ambulance TECHNICIAN-INTERMEDIATE, a
paramedic, or a peace officer
employed by a public employer as defined in division (A)(2) of
this section, any member of the organized militia ordered to duty by state
authority pursuant to Chapter 5923. of the Revised Code, or a fire fighter, an
emergency
medical technician-ambulance TECHNICIAN-BASIC,
an advanced emergency medical technician-ambulance
TECHNICIAN-INTERMEDIATE, or a
paramedic employed by
a private employer that is organized as a nonprofit fire company
or life squad
that contracts with a public employer to provide fire protection
or emergency
medical services;
(2) Any person employed as a correctional officer in
a county or municipal corporation correctional institution,
whether the county or municipal corporation solely or in
conjunction with each other operates the institution;
(3) Any person who engages to furnish services subject to the
direction and control of a public employer but does not receive
compensation, either directly or indirectly, for those services;
(4) Any forest officer, park officer, watercraft officer,
wildlife officer, or preserve officer.
(C) "Public employee representative" means an employee
organization certified by the state employment relations board
under section 4117.05 of the Revised Code as the exclusive
representative of the public employees in a bargaining unit.
(D) "Employment risk reduction standard" means a standard
which requires conditions, or the adoption or use of one or more
practices, means, methods, operations, or processes, reasonably
necessary or appropriate to provide safe and healthful employment
and places of employment.
(E) "Ohio employment risk reduction standard" means any
risk reduction standard adopted or issued under this chapter.
(F) "Undue hardship" means any requirement imposed under
this chapter or a rule or order issued thereunder that would
require a public employer to take an action with significant
difficulty or expense when considered in light of all of the
following factors:
(1) The nature and cost of the action required under this
chapter;
(2) The overall financial resources of the public employer
involved in the action;
(3) The number of persons employed by the public employer
at the particular location where the action may be required;
(4) The effect on expenses and resources or the impact
otherwise of the action required upon the operations of the
public employer at the location where the action may be required;
(5) The overall size of the public employer with respect
to the number of its public employees;
(6) The number, type, and location of the public
employer's operations, including the composition, structure, and
functions of the workforce of the public entity;
(7) The geographic separateness, administrative, or fiscal
relationship of the public employer's operations to the whole
public employer.
Sec. 4167.09. (A) Any public employer affected by a
proposed rule or Ohio employment risk reduction standard or any
provision thereof proposed under section 4167.07 or,
4167.08, OR 4167.26 of
the Revised Code may apply to the director of
commerce for an
order granting a temporary
variance from the standard or provision thereof. The application
for the order and any extension thereof shall contain a
reasonable application fee, as determined by the public
employment risk reduction advisory commission, and all of the
following information:
(1) A specification of the Ohio public employment risk
reduction standard or portion thereof from which the public
employer seeks the temporary variance;
(2) A representation by the public employer, supported by
representations from qualified persons having firsthand knowledge
of the facts represented, that the public employer is unable to
comply with the Ohio employment risk reduction standard or
portion thereof and a detailed statement of the reasons therefor;
(3) A statement of the steps that the public employer has
taken and will take, with dates specified, to protect employees
against the hazard covered by the standard;
(4) A statement of when the public employer expects to be
able to comply fully with the Ohio employment risk reduction
standard and what steps the public employer has taken and
will take, with dates
specified, to come into full compliance with the standard;
(5) A certification that the public employer has informed
the public employer's public employees of the application by
giving a copy of the
application to the public employee representative, if any, and by
posting a statement giving a summary of the application and
specifying where a copy of the application may be examined at the
place or places where notices to public employees are normally
posted, and by any other appropriate means of public employee
notification. The public employer must also inform the public
employer's public
employees of their rights to a hearing under section 4167.15 of
the Revised Code. The certification also shall contain a
description of how public employees have been informed of the
application and of their rights to a hearing.
(B) The director shall issue an order providing
for
a temporary variance if the public employer files an application
that meets the requirements of division (A) of this section and
establishes that all of the following pertaining to the public
employer are true:
(1) The public employer is unable to comply with the Ohio
employment risk
reduction standard or a provision thereof by its effective date
because of the unavailability of professional or technical
personnel or of materials and equipment needed to come into
compliance with the Ohio employment risk reduction standard or
provision thereof or because necessary construction or alteration
of facilities cannot be completed by the effective date of the
standard.
(2) The public employer is taking all available steps to
safeguard the public employer's public employees against the
hazards covered by the Ohio
employment risk reduction standard.
(3) The public employer has an effective program for coming
into compliance
with the Ohio employment risk reduction standard as quickly as
practicable.
(4) The granting of the variance will not create an
imminent danger of death or serious physical harm to public
employees.
(C)(1) If the director issues an order providing
for
a temporary variance under division (B) of this section, the
director shall prescribe the practices, means,
methods,
operations, and
processes that the public employer must adopt and use while the
order is in effect and state in detail the public employer's
program for coming into compliance with the Ohio employment risk
reduction standard. The director may issue the
order
only after
providing notice to affected public employees and their public
employee representative, if any, and an opportunity for a hearing
pursuant to section 4167.15 of the Revised Code, provided that
the director may issue one interim order granting
a
temporary
order
to be effective until a decision on a hearing is made. Except as
provided in division (C)(2) of this section, no temporary
variance may be in effect for longer than the period needed by
the public employer to achieve compliance with the Ohio
employment risk reduction standard or one year, whichever is
shorter.
(2) The director may renew an order issued under
division (C)
of this section up to two times provided that the requirements of
divisions (A), (B), and (C)(1) of this section and section
4167.15 of the Revised Code are met and the public employer files
an application for renewal with the director at
least
ninety days
prior to the expiration date of the order.
(D) Any public employer affected by an Ohio employment
risk reduction standard or any provision thereof proposed,
adopted, or otherwise issued under section 4167.07 or 4167.09,
4167.08, OR 4167.26 of
the Revised Code may apply to the director for an
order granting a variance from the standard or portion thereof. The
director shall provide affected public employees
and
their public employee
representative, if any, notice of the application and shall
provide an opportunity for a hearing pursuant to section 4167.15
of the Revised Code. The director shall issue the
order granting
the variance if the public employer files an application that
meets the requirements of division (B) of this section, and after
an opportunity for a hearing pursuant to section 4167.15 of the
Revised Code, and if the public employer establishes to the
satisfaction of the director that the conditions,
practices, means, methods, operations, or processes used or proposed to be
used by the public employer will provide employment and
places of employment to the public employer's public
employees that are as safe and healthful as those that
would prevail if the public employer complied with the Ohio
employment risk
reduction standard. The director shall prescribe
in
the order
granting the variance the conditions the public employer must
maintain, and the practices, means, methods, operations, and
processes the public employer must adopt and utilize in lieu
of the Ohio
employment risk reduction standard which would otherwise apply. The
director may modify or revoke the order upon
application of the
public employer, public employee, or public employee
representative, or upon the director's own motion in
the manner prescribed
for the issuance of an order under this division at any time
during six months after the date of issuance of the order.
Sec. 4167.25. AS USED IN THIS SECTION AND SECTIONS 4167.26 TO
4767.28 OF THE REVISED CODE:
(A) "BLOODBORNE PATHOGEN" MEANS A MICROORGANISM PRESENT IN
HUMAN
BLOOD THAT CAN CAUSE DISEASE IN HUMANS, INCLUDING THE HUMAN
IMMUNODEFICIENCY VIRUS, HEPATITIS B VIRUS, HEPATITIS C
VIRUS,
AND OTHER PATHOGENIC MICROORGANISMS.
(B) "ENGINEERED SHARPS INJURY PROTECTION" MEANS EITHER OF
THE
FOLLOWING:
(1) A PHYSICAL ATTRIBUTE BUILT INTO A NEEDLE DEVICE USED FOR WITHDRAWING
BODY FLUIDS, ACCESSING A
VEIN OR ARTERY, OR ADMINISTERING MEDICATIONS OR OTHER FLUIDS THAT
EFFECTIVELY REDUCES THE RISK OF AN EXPOSURE INCIDENT BY A MECHANISM SUCH
AS BARRIER CREATION, BLUNTING, ENCAPSULATION, WITHDRAWAL,
RETRACTION, DESTRUCTION, OR ANY OTHER EFFECTIVE MECHANISM;
(2) A PHYSICAL ATTRIBUTE BUILT INTO A TYPE OF NEEDLE DEVICE NOT
INCLUDED IN DIVISION (B)(1) OF THIS SECTION, OR BUILT INTO A
NON-NEEDLE SHARP, THAT EFFECTIVELY REDUCES THE RISK OF AN EXPOSURE INCIDENT.
(C) "EXPOSURE INCIDENT" MEANS AN OCCURRENCE OF OCCUPATIONAL
EXPOSURE TO BLOOD OR OTHER MATERIAL POTENTIALLY CONTAINING BLOODBORNE
PATHOGENS, INCLUDING
EXPOSURE THAT OCCURS THROUGH A SHARPS INJURY.
(D) "NEEDLELESS SYSTEM" MEANS A DEVICE THAT DOES NOT UTILIZE
NEEDLES FOR THE FOLLOWING:
(1) WITHDRAWING BODY FLUIDS AFTER INITIAL VENOUS OR ARTERIAL
ACCESS IS ESTABLISHED;
(2) ADMINISTERING MEDICATION OR FLUIDS;
(3) PERFORMING ANY OTHER PROCEDURE INVOLVING POTENTIAL EXPOSURE
INCIDENTS.
(E) "PUBLIC HEALTH CARE WORKER" MEANS A PERSON WHO IS
EMPLOYED
BY A PUBLIC EMPLOYER TO PROVIDE HEALTH SERVICES THAT CARRY WITH THEM THE
POTENTIAL FOR EXPOSURE
INCIDENTS, INCLUDING A PERSON EMPLOYED BY A PUBLIC HOSPITAL OR
OTHER PUBLIC HEALTH CARE FACILITY, A PERSON EMPLOYED BY A PUBLIC
EMPLOYER TO PROVIDE HOME HEALTH CARE, AND A PERSON EMPLOYED BY A
PUBLIC EMPLOYER AS A FIRE FIGHTER, EMERGENCY MEDICAL
TECHNICIAN-BASIC, EMERGENCY MEDICAL TECHNICIAN-INTERMEDIATE, OR
EMERGENCY MEDICAL TECHNICIAN-PARAMEDIC. "PUBLIC HEALTH CARE
WORKER" DOES NOT INCLUDE A PERSON WHO IS EMPLOYED BY A PUBLIC
EMPLOYER TO PROVIDE DENTAL SERVICES, TREATMENT, OR TRAINING OR A
DENTAL STUDENT WHO IS RECEIVING TRAINING FROM A PUBLIC EMPLOYER.
(F) "SHARP" MEANS AN OBJECT USED IN OR ENCOUNTERED
WHEN PROVIDING HEALTH CARE
SERVICES THAT CAN BE REASONABLY ANTICIPATED TO PENETRATE THE SKIN OR ANY
OTHER PART OF THE BODY AND RESULT IN AN EXPOSURE INCIDENT, INCLUDING OBJECTS
SUCH AS
NEEDLE DEVICES, SCAPELS, LANCETS, AND BROKEN GLASS.
(G) "SHARPS INJURY" MEANS ANY INJURY CAUSED BY A SHARP, INCLUDING
SUCH INJURIES AS CUTS, ABRASIONS, AND NEEDLESTICKS.
Sec. 4167.26. THE PUBLIC EMPLOYMENT RISK REDUCTION ADVISORY
COMMISSION SHALL APPOINT A SUBCOMMITTEE FOR PURPOSES OF PROTECTING
PUBLIC HEALTH CARE WORKERS FROM EXPOSURE INCIDENTS. AT ALL TIMES,
AT LEAST HALF OF THE SUBCOMMITTEE'S MEMBERS SHALL BE PUBLIC HEALTH
CARE WORKERS WHO ARE ACTIVELY ENGAGED IN PROVIDING DIRECT CARE TO
AND FOR PATIENTS. THESE FRONT-LINE PUBLIC HEALTH CARE WORKERS
SHALL BE APPOINTED IN SUCH A MANNER THAT THE MEMBERSHIP REPRESENTS
A VARIETY OF OCCUPATIONAL CLASSIFICATIONS, INCLUDING PHYSICIANS,
NURSES, NURSE AIDES, LABORATORY TECHNICIANS, AND PHLEBOTOMISTS.
AT ALL TIMES, THE SUBCOMMITTEE'S MEMBERS SHALL INCLUDE AT LEAST
ONE FIRE FIGHTER AND AT LEAST ONE EMERGENCY MEDICAL
TECHNICIAN-BASIC, EMERGENCY MEDICAL TECHNICIAN-INTERMEDIATE, OR
EMERGENCY MEDICAL TECHNICIAN-PARAMEDIC.
(B) THE SUBCOMMITTEE SHALL STUDY METHODS BY WHICH PUBLIC HEALTH
CARE WORKERS CAN BE PROTECTED FROM EXPOSURE INCIDENTS. THE STUDY SHALL
INCLUDE EVALUATIONS OF
NEEDLELESS SYSTEMS AND PRODUCTS THAT HAVE BEEN MANUFACTURED WITH
ENGINEERED SHARPS INJURY PROTECTION. BEFORE A MEMBER MAY
PARTICIPATE IN THE EVALUATION OF A PRODUCT, THE MEMBER SHALL BE
TRAINED IN THE PROPER METHOD OF USING PRODUCT EVALUATION CRITERIA.
(C) THE SUBCOMMITTEE SHALL SUBMIT RECOMMENDATIONS TO THE
COMMISSION FOR PURPOSES OF THE COMMISSION'S ADOPTION, MODIFICATION, OR
RESCISSION OF RULES UNDER
SECTION 4167.27 OF THE REVISED CODE. IN MAKING ITS
RECOMMENDATIONS, THE SUBCOMMITTEE SHALL ADDRESS ALL OF THE FOLLOWING:
(1) CREATION OF A LIST OF NEEDLELESS SYSTEMS AND SHARPS THAT ARE
MANUFACTURED WITH ENGINEERED SHARPS INJURY PROTECTION, WHICH MAY BE
A LIST BASED ON EXISTING SOURCES OF INFORMATION, INCLUDING THE
UNITED STATES FOOD AND DRUG
ADMINISTRATION, THE CENTERS FOR DISEASE CONTROL AND PREVENTION, THE
NATIONAL INSTITUTE OF OCCUPATIONAL SAFETY AND HEALTH, AND UNITED
STATES DEPARTMENT OF VETERANS AFFAIRS;
(2) ESTABLISHMENT OF CONTROL PROCEDURES FOR THE PREVENTION OF
EXPOSURE INCIDENTS, INCLUDING TRAINING AND EDUCATIONAL REQUIREMENTS,
INCREASED USE OF VACCINATIONS, STRATEGIC PLACEMENT OF SHARPS
CONTAINERS AS CLOSE TO THE WORK AREA AS POSSIBLE, AND INCREASED
USE OF PERSONAL PROTECTIVE EQUIPMENT;
(3) ANY OTHER MATTER THE SUBCOMMITTEE CONSIDERS RELEVANT.
(D) IF A SUBCOMMITTEE MEMBER REPRESENTS A PROFESSION OR A
FACILITY IN WHICH HEALTH CARE SERVICES ARE PROVIDED, AND THE PROFESSION OR
FACILITY IS SUBJECT TO
REGULATION BY THIS STATE, THE MEMBER SHALL REPORT THE SUBCOMMITTEE'S
RECOMMENDATIONS TO THE STATE
AGENCY RESPONSIBLE FOR REGULATING THE PROFESSION OR FACILITY.
Sec. 4167.27. (A) THE PUBLIC EMPLOYEE RISK REDUCTION ADVISORY
COMMISSION SHALL ADOPT A RULE AND OHIO EMPLOYMENT RISK REDUCTION
STANDARD FOR THE PREVENTION OF EXPOSURE INCIDENTS. THE INITIAL RULE AND
STANDARD SHALL BE ADOPTED NOT LATER THAN ONE HUNDRED EIGHTY DAYS AFTER THE
EFFECTIVE
DATE OF THIS SECTION. IN ADOPTING, MODIFYING, OR RESCINDING THE RULE OR
STANDARD, THE COMMISSION SHALL ACT IN ACCORDANCE WITH
RECOMMENDATIONS SUBMITTED BY THE COMMISSION'S SUBCOMMITTEE
APPOINTED UNDER SECTION 4167.26 OF THE REVISED CODE.
(B) THE COMMISSION SHALL PROVIDE ADVICE TO PUBLIC EMPLOYERS
WITH
REGARD TO THEIR IMPLEMENTATION OF THE REQUIREMENTS ESTABLISHED BY THE RULE AND
STANDARD ADOPTED
UNDER THIS SECTION AND THE REQUIREMENTS OF SECTION 4167.28 OF THE
REVISED CODE.
Sec. 4167.28. (A) EXCEPT AS PROVIDED IN DIVISION (B) OF
THIS
SECTION, EACH PUBLIC EMPLOYER OF PUBLIC HEALTH CARE WORKERS SHALL DO ALL OF
THE FOLLOWING:
(1) INCLUDE, AS PART OF THE EMPLOYER'S ENGINEERING AND WORK
PRACTICE CONTROLS, NEEDLELESS SYSTEMS AND SHARPS THAT ARE
MANUFACTURED WITH ENGINEERED SHARPS INJURY PROTECTION;
(2) DEVELOP AND IMPLEMENT A WRITTEN EXPOSURE CONTROL PLAN
THAT IS CONSISTENT WITH THE EMPLOYMENT RISK REDUCTION STANDARD ESTABLISHED IN
RULES ADOPTED
UNDER
SECTION
4167.27 OF THE REVISED CODE, INCLUDING PROCEDURES FOR BOTH
OF THE FOLLOWING:
(a) IDENTIFYING AND SELECTING NEEDLELESS SYSTEMS AND SHARPS THAT
ARE MANUFACTURED WITH
ENGINEERED SHARPS INJURY PROTECTION;
(b) UPDATING, AT LEAST ONCE A YEAR, THE EXPOSURE CONTROL
PLAN WHEN NECESSARY TO REFLECT PROGRESS IN IMPLEMENTING NEEDLELESS SYSTEMS
AND SHARPS THAT ARE MANUFACTURED WITH ENGINEERED SHARPS INJURY PROTECTION.
(3) ENSURE THAT ALL PUBLIC HEALTH CARE WORKERS ARE TRAINED IN
THE USE OF ENGINEERING AND WORK PRACTICE CONTROLS BEFORE UNDERTAKING ANY TASK
WITH POTENTIAL FOR EXPOSURE INCIDENTS.
(4) MAINTAIN ACCURATE RECORDS OF PUBLIC
HEALTH CARE WORKER EXPOSURE INCIDENTS.
THE RECORDS SHALL
CONTAIN THE FOLLOWING INFORMATION:
(a) THE DATE AND TIME OF THE INCIDENT;
(b) THE TYPE AND BRAND OF SHARP INVOLVED;
(c) THE JOB CLASSIFICATION OF EACH EMPLOYEE INVOLVED;
(d) THE DEPARTMENT OR WORK AREA WHERE THE INCIDENT
OCCURRED;
(e) THE PROCEDURE THE EMPLOYEE WAS PERFORMING AT
THE TIME OF THE INCIDENT;
(f) HOW THE INCIDENT OCCURRED;
(g) THE BODY PART INVOLVED;
(h) IF THE SHARP INVOLVED IN THE INCIDENT WAS MANUFACTURED WITH
ENGINEERED SHARPS INJURY PROTECTION,
A SPECIFICATION OF WHETHER THE
INCIDENT OCCURRED BEFORE, DURING, OR AFTER
ACTIVATION OF THE PROTECTIVE MECHANISM;
(i) IF THE SHARP INVOLVED IN THE INCIDENT WAS NOT MANUFACTURED
WITH ENGINEERED SHARPS INJURY
PROTECTION, AN ASSESSMENT OF WHETHER AND HOW
THE INCIDENT COULD HAVE BEEN PREVENTED BY A SHARP WITH PROTECTION, AND THE
BASIS FOR THE
ASSESSMENT;
(j) ANY OTHER RELEVANT DESCRIPTION OF THE EXPOSURE INCIDENT.
(B) NOTWITHSTANDING ANY PROVISION OF THE RULE AND OHIO
EMPLOYMENT RISK REDUCTION STANDARD ADOPTED UNDER SECTION 4167.27 OF
THE REVISED CODE, BOTH OF THE FOLLOWING APPLY:
(1) A PUBLIC EMPLOYER, UNDER DIVISION (D) OF SECTION 4167.09
OF
THE REVISED CODE, MAY BE GRANTED A VARIANCE FROM THE
REQUIREMENTS
OF THIS SECTION FOR EITHER OF THE FOLLOWING REASONS:
(a) NEEDLELESS SYSTEMS OR SHARPS THAT ARE MANUFACTURED WITH
ENGINEERED SHARPS INJURY PROTECTION ARE NOT AVAILABLE IN THE MARKETPLACE;
(b) THE EMPLOYER DETERMINES, WITH RESPECT TO A SPECIFIC MEDICAL
PROCEDURE, THAT USE OF NEEDLELESS SYSTEMS OR SHARPS THAT ARE MANUFACTURED WITH
ENGINEERED SHARPS
INJURY PROTECTION WOULD JEOPARDIZE PATIENT OR EMPLOYEE SAFETY.
(2) UNTIL FIVE YEARS AFTER THE EFFECTIVE DATE OF THIS SECTION,
THE EMPLOYER MAY ALLOW A DRUG OR OTHER SUBSTANCE TO BE ADMINISTERED WITH
A DEVICE WITHOUT ENGINEERED SHARPS INJURY PROTECTION, IF THE DRUG
OR SUBSTANCE IS RECEIVED IN A PREFILLED SYRINGE OR ANY OTHER
PREPACKAGED ADMINISTRATION SYSTEM AND HAS BEEN APPROVED FOR
COMMERCIAL DISTRIBUTION OR INVESTIGATIONAL USE BY THE UNITED
STATES FOOD
AND DRUG ADMINISTRATION.
(C) ANY OF THE RECORDS MAINTAINED UNDER DIVISION (A)(4)
OF THIS SECTION MAY BE USED BY THE PUBLIC EMPLOYER FOR PURPOSES OF COMPLYING
WITH THE RECORD-KEEPING AND REPORTING REQUIREMENTS ESTABLISHED UNDER SECTION
4167.11 of the Revised Code.
Section 2. That existing sections 4167.01 and 4167.09
of the Revised Code are hereby repealed.
Section 3. Section 4167.01 of the Revised Code is presented in
this act as a composite of the section as amended by both
Am. Sub. H.B. 10 and Am. Sub. S.B. 162 of the 121st General Assembly, with the
new language of
neither of the acts shown in capital letters. This is in
recognition of the principle stated in division (B) of section
1.52 of the Revised Code that such amendments are to be
harmonized where not substantively irreconcilable and constitutes
a legislative finding that such is the resulting version in
effect prior to the effective date of this act.
|