71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 1548
 
                         House Bill 3616
 
Sponsored by Representative GARDNER; Representatives ACKERMAN,
  BACKLUND, BARNHART, BATES, GARRARD, HASS, HILL, HOPSON,
  KAFOURY, LEE, LEONARD, LOWE, MARCH, MERKLEY, MONNES ANDERSON,
  MORRISETTE, ROSENBAUM, TOMEI, V WALKER, WESTLUND, WILSON,
  Senators CASTILLO, CORCORAN, TROW (at the request of Safe
  Hospital Coalition - Oregon AFL-CIO, Oregon AFSCME, OFN HP/AFT,
  and UFCW)
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
 
  Requires certain employers to establish advisory committee to
evaluate needles, needleless systems and other sharps.
  Declares emergency, effective on passage.
 
                        A BILL FOR AN ACT
Relating to sharps injuries; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + (1) As used in this section:
  (a) 'Covered employer' means an employer required to establish
an exposure control plan under 29 C.F.R. 1910.1030.
  (b) 'Sharp' means a device capable of penetrating the skin and
used for a medical procedure, including a procedure for
withdrawing body fluids, accessing a vein or artery, or
administering medications or other fluids.
  (c) 'Sharps injury' means the parenteral introduction of blood
or other potentially infectious material by a sharp into the body
of a health care worker that results from the performance of a
health care worker's duties.
  (2) A covered employer shall establish an employee advisory
committee to study needles, other sharps and needleless systems.
At least half of the members of the advisory committee must be
nonsupervisory employees who have patient care responsibilities
and who are at risk of a sharps injury.
  (3) The advisory committee shall evaluate needles, other sharps
and needleless systems that are commercially available and shall
report to the covered employer on the efficacy of these products
in protecting workers and patients from sharps injuries,
including the advantages and disadvantages of the products for
patient care. The advisory committee also shall, at regular
intervals, review and evaluate newly introduced products and
compare the newly introduced products with products currently in
use. A covered employer must consider the recommendations of the
advisory committee when the covered employer prepares or updates
its exposure control plan.
 
  (4) If a covered employer has established a safety committee
under ORS 654.176 that meets the membership requirements of the
advisory committee under subsection (2) of this section, the
covered employer may elect to assign the responsibilities of the
advisory committee to the safety committee.
  (5) Failure of a covered employer to establish an employee
advisory committee under subsection (2) of this section or to
assign the responsibilities of the advisory committee to the
safety committee under subsection (4) of this section constitutes
a violation. The Director of the Department of Consumer and
Business Services shall assess a penalty for such failure under
ORS 654.086. + }
  SECTION 2.  { + This 2001 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2001 Act takes effect on its
passage. + }
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