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| [ Engrossed ] | [ House Amendment 001 ] |
91_HB0979
LRB9101917KSgc
1 AN ACT in relation to worker safety.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 1. Short title. This Act may be cited as the
5 Health Care Worker Needle Stick Injury Protection Act.
6 Section 5. Definitions. As used in this Act the
7 following definitions shall apply:
8 "Bloodborne pathogens" means pathogenic microorganisms
9 that are present in human blood and can cause disease in
10 humans. These pathogens include, but are not limited to, the
11 hepatitis B virus, the hepatitis C virus, and the human
12 immunodeficiency virus.
13 "Engineered sharps injury protection" means either:
14 (1) a physical attribute built into a needle device
15 used for withdrawing body fluids, accessing a vein or
16 artery, or administering medications or other fluids,
17 which effectively reduces the risk of an exposure
18 incident by a mechanism such as barrier creation,
19 blunting, encapsulation, withdrawal, retraction,
20 destruction, or other effective mechanisms; or
21 (2) a physical attribute built into any other type
22 of needle device, or into a non-needle sharp, which
23 effectively reduces the risk of an exposure incident.
24 "Needleless system" means a device that does not utilize
25 needles for:
26 (1) the withdrawal of body fluids after initial
27 venous or artial access is establishes;
28 (2) the administration of medication or fluids; and
29 (3) any other procedure involving the potential for
30 an exposure incident.
31 "Public employer" means each employer having a public
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1 employee or employees with occupational exposure to blood or
2 other material potentially containing bloodborne pathogens.
3 "Public employee" means an employee of the State or a
4 local government unit or an agency of the State or local
5 government who is employed in a public or private health care
6 facility, home health care organization, or other facility
7 providing health care related services.
8 "Sharp" means any object used or encountered in a health
9 care setting that can be reasonably anticipated to penetrate
10 the skin or any other part of the body, and to result in an
11 exposure incident, including, but not limited to, needle
12 devices, scalpels, lancets, broken glass, broken capillary
13 tubes, exposed ends of dental wires and dental knives,
14 drills, and burs.
15 "Sharps injury" means any injury caused by a sharp,
16 including, but not limited to, cuts, abrasions, needlesticks,
17 or human bites.
18 "Sharps injury log" means a written or electronic record
19 satisfying the requirements of paragraph (2) of subsection
20 (a) of Section 15.
21 Section 15. Bloodborne pathogen standards.
22 (a) The Department of Public Health shall, no later than
23 6 months from the date of enactment of this Act, adopt a
24 bloodborne pathogen standard governing occupational exposure
25 of public employees to blood and other potentially infectious
26 materials. The standard shall be at least as prescriptive as
27 the standard promulgated by the federal Occupational Safety
28 and Health Administration and shall include, but not be
29 limited to, the following:
30 (1) A requirement that needleless systems and
31 sharps with engineered sharps injury protection be
32 implemented in all facilities employing public employees,
33 except in cases where an evaluation committee,
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1 established by the employer, at least half the members of
2 which are front-line health care workers, determines by
3 means of objective product evaluation criteria that use
4 of the devices will jeopardize patient or employee safety
5 with regard to a specific medical procedure.
6 (2) A requirement that information concerning
7 exposure incidents be recorded in a sharps injury log,
8 including, but not limited to:
9 (A) date and time of the exposure incident;
10 (B) type and brand of sharp involved in the
11 exposure incident; and
12 (C) description of the exposure incident,
13 which shall include:
14 (I) job classification of the exposed
15 employee;
16 (II) department or work area where the
17 exposure incident occurred;
18 (III) the procedure that the exposed
19 employee was performing at the time of the
20 incident;
21 (IV) how the incident occurred;
22 (V) the body part involved in the
23 exposure incident;
24 (VI) if the sharp had engineered sharps
25 injury protection, whether the protective
26 mechanism was activated, and whether the injury
27 occurred before the protective mechanism was
28 activate, during activation of the mechanism,
29 or after activation of the mechanism, if
30 applicable;
31 (VII) if the sharp had no engineered
32 sharps injury protection, the injured
33 employee's opinion as to whether and how such a
34 mechanism could have prevented the injury, as
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1 well as the basis for the opinion; and
2 (VIII) the employer's opinion about
3 whether any other engineering, administrative,
4 or work practice control could have prevented
5 the injury, as well as the basis for the
6 opinion.
7 (b) The Department of Public Health shall consider
8 additional enactments as part of the bloodborne pathogen
9 standard to prevent sharps injuries or exposure incidents
10 including, but not limited to, training and educational
11 requirements, measures to increase vaccinations, strategic
12 placement of sharps containers as close to the work area as
13 practical, and increase use of personal protective equipment.
14 (c) The Department of Public Health shall compile and
15 maintain a list of existing needleless systems and sharps
16 with engineered sharps injury protection, which shall be
17 available to assist employers in complying with the
18 requirements of the bloodborne pathogen standards adopted
19 pursuant to this Act. The list may be developed from
20 existing sources of information, including but not limited
21 to, the federal Food and Drug Administration, the federal
22 Centers for Disease Control, the National Institute of
23 Occupational Safety and Health, and the United States
24 Department of Veteran Affairs.
25 (d) The Health Care Worker Injury Protection Fund is
26 created in the State Treasury. Money in the Fund shall be
27 used, subject to appropriation, by the Department of Public
28 Health to provide for research, development, and product
29 evaluations of needleless systems and sharps with engineered
30 sharps injury protection.
31 Section 905. The State Finance Act is amended by adding
32 Section 5.490 as follows:
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1 (30 ILCS 105/5.490 new)
2 Sec. 5.490. The Health Care Worker Injury Protection
3 Fund.