Page:United States Statutes at Large Volume 114 Part 3.djvu/881

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PUBLIC LAW 106-430—NOV. 6, 2000 114 STAT. 1903 fluids; or (C) any other procedure involving the potential for occupational exposure to bloodborne pathogens due to percutaneous injuries from contaminated sharps". (4) In addition to the existing requirements concerning exposure control plans (29 CFR 1910.1030(c)(l)(iv)), the review and update of such plans shall be required to also— (A) "reflect changes in technology that eliminate or reduce exposure to bloodborne pathogens"; and (B) "document annually consideration and implementation of appropriate commercially available and effective safer medical devices designed to eliminate or minimize occupational exposure". (5) The following additional recordkeeping requirement Records. shall be added to the bloodborne pathogens standard at 29 CFR 1910.1030(h): "The employer shall establish and maintain a sharps injury log for the recording of percutaneous injuries from contaminated sharps. The information in the sharps injury log shall be recorded and maintained in such manner as to protect the confidentiality of the injured employee. The sharps injury log shall contain, at a minimum— "(A) the t5TDe and brand of device involved in the incident, "(B) the department or work area where the exposure incident occurred, and "(C) an explanation of how the incident occurred.". The requirement for such sharps injury log shall not apply to any employer who is not required to maintain a log of occupational injuries and illnesses under 29 CFR 1904 and the sharps injury log shall be maintained for the period required by 29 CFR 1904.6. (6) The following new section shall be added to the bloodborne pathogens standard: "An employer, who is required to establish an Exposure Control Plan shall solicit input from non-managerial employees responsible for direct patient care who are potentially exposed to injuries from contaminated sharps in the identification, evaluation, and selection of effective engineering and work practice controls and shall document the solicitation in the Exposure Control Plan.". SEC. 4. EFFECT OF MODIFICATIONS. The modifications under section 3 shall be in force until superseded in whole or in part by regulations promulgated by the Secretary of Labor under section 6(b) of the Occupational Safety and Health Act of 1970 (29 U.S.C. 655(b)) and shall V enforced in the same manner and to the same extent as any rule\or regulation promulgated under section 6(b). ^ SEC. 5. PROCEDURE AND EFFECTIVE DATE. (a) PROCEDURE. —The modifications of the bloodborne pathogens standard prescribed by section 3 shall take effect without regard to the procedural requirements applicable to regulations promulgated under section 6(b) of the Occupational Safety and Health Act of 1970 (29 U.S.C. 655(b)) or the procedural requirements of chapter 5 of title 5, United States Code. (b) EFFECTIVE DATE. —The modifications to the bloodborne pathogens standard required by section 3 shall— (1) within 6 months of the date of the enactment of this Act, be made and published in the Federal Register by the Deadline. Federal Register, publication.