Today's Law As Amended

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AB-1893 Sharps waste.(2013-2014)



SECTION 1.

 Article 7 (commencing with Section 111657) is added to Chapter 6 of Part 5 of Division 104 of the Health and Safety Code, to read:

Article  7. Sharps
111657.
 (a) Sharps sold to the general public in California in quantities of 50 or more shall include a free sharps waste container that meets applicable state and federal standards for collection and disposal of medical sharps waste. The sharps waste container shall be provided by the sharps manufacturer at no cost. The container shall have an adequate capacity to contain the number of sharps purchased. The container shall be labeled with the words “sharps waste” or with the international biohazard symbol and the word “BIOHAZARD” as provided in Section 118285. The sharps waste container shall include all of the following information on a label affixed to the container, or on a separate insert included in the sharps packaging:
(1) Directions for the safe disposal of sharps waste as described in Sections 118285 and 118286.
(2) A reference to the Department of Resources Recycling and Recovery’s Internet Web site on home-generated sharps waste disposal and the disposal directory for sharps waste and medication.
(b) (1) This section does not preclude a manufacturer, seller, or distributor of sharps from implementing a voluntary take-back program of home-generated sharps waste on their premises or through a mail-back program. This section does not preclude the establishment of mail-back or take-back programs.
(c) This section does not preempt any local ordinances that establish a mandatory system for the collection of home-generated sharps waste for disposal. This section does not prohibit a city, county, or city and county from adopting ordinances or policies that establish a system for the collection of home-generated sharps waste for disposal.

SEC. 2.

 Section 138.6 of the Labor Code is amended to read:

138.6.
 (a) The administrative director, in consultation with the Insurance Commissioner and the Workers’ Compensation Insurance Rating Bureau, shall develop a cost-efficient workers’ compensation information system, which shall be administered by the division. The administrative director shall adopt regulations specifying the data elements to be collected by electronic data interchange.
(b) The information system shall do the following:
(1) Assist the department to manage the workers’ compensation system in an effective and efficient manner.
(2) Facilitate the evaluation of the efficiency and effectiveness of the delivery system.
(3) Assist in measuring how adequately the system indemnifies injured workers and their dependents.
(4) Provide statistical data for research into specific aspects of the workers’ compensation program.
(c) The data collected electronically shall be compatible with the Electronic Data Interchange System of the International Association of Industrial Accident Boards and Commissions. The administrative director may adopt regulations authorizing the use of other nationally recognized data transmission formats in addition to those set forth in the Electronic Data Interchange System for the transmission of data required pursuant to this section. The administrative director shall accept data transmissions in any authorized format. If the administrative director determines that any authorized data transmission format is not in general use by claims administrators, conflicts with the requirements of state or federal law, or is obsolete, the administrative director may adopt regulations eliminating that data transmission format from those authorized pursuant to this subdivision.
(d) (1) The administrative director shall assess an administrative penalty against a claims administrator for a violation of data reporting requirements adopted pursuant to this section. The administrative director shall promulgate a schedule of penalties providing for an assessment of no more than ten five  thousand dollars ($10,000) ($5,000)  against a claims administrator in any single year, calculated as follows:
(A) No more than one hundred dollars ($100) multiplied by the number of violations in that year that resulted in a required data report not being submitted or not being accepted.
(B) No more than fifty dollars ($50) multiplied by the number of violations in that year that resulted in a required report being late or accepted with an error.
(C) Multiple errors in a single report shall be counted as a single violation.
(D) No A  penalty shall not  be assessed pursuant to Section 129.5 for any violation of data reporting requirements for which a penalty has been or may be assessed pursuant to this section.
(2) The schedule promulgated by the administrative director pursuant to paragraph (1) shall establish threshold rates of violations that shall be excluded from the calculation of the assessment, as follows:
(A) The threshold rate for reports that are not submitted or are submitted but not accepted shall not be less than 3 percent of the number of reports that are required to be filed by or on behalf of the claims administrator.
(B) The threshold rate for reports that are accepted with an error shall not be less than 3 percent of the number of reports that are accepted with an error.
(C) The administrative director shall set higher threshold rates as appropriate in recognition of the fact that the data necessary for timely and accurate reporting may not be  always be  available to a claims administrator or the claims administrator’s agents.
(D) The administrative director may establish higher thresholds for particular data elements that commonly are not reasonably available.
(3) The administrative director may estimate the number of required data reports that are not submitted by comparing a statistically valid sample of data available to the administrative director from other sources with the data reported pursuant to this section.
(4) All penalties assessed pursuant to this section shall be deposited in the Workers’ Compensation Administration Revolving Fund.
(5) The administrative director shall publish an annual report disclosing the compliance rates of claims administrators and post the report and a list of claims administrators who are in violation of the data reporting requirements on the Internet Web site of the Division of Workers’ Compensation. administrators. 
(e) The administrative director is encouraged to review the department’s practices for identifying puncture wounds caused by sharps waste in nonhealth care occupations to determine ways of encouraging more accurate reporting and collection of needlestick injury data.
SEC. 3.
 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.