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AB-2674 Occupational safety and health standards: hazardous disinfectants.(2013-2014)

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Amended  IN  Assembly  April 10, 2014
Amended  IN  Assembly  March 28, 2014

CALIFORNIA LEGISLATURE— 2013–2014 REGULAR SESSION

Assembly Bill
No. 2674

Introduced by Assembly Member Skinner

February 21, 2014

An act to add Section 144.9 to the Labor Code, relating to occupational safety and health standards.


LEGISLATIVE COUNSEL'S DIGEST


AB 2674, as amended, Skinner. Occupational safety and health standards: hazardous disinfectants.
Under existing law, the Occupational Safety and Health Standards Board within the Department of Industrial Relations promulgates occupational safety and health standards for the state, including standards dealing with toxic materials and harmful physical agents. A violation of these standards and regulations is a crime.
This bill would require the board to adopt standards to protect health care personnel and patients from the effects of toxic disinfectants, as defined. The bill would require the board, in adopting these standards, to consider current scientific evidence and recommendations adopted by the National Institute for Occupational Safety and Health.
By creating a new crime, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

The people of the State of California do enact as follows:


SECTION 1.

 The Legislature finds and declares the following:
(a) Health care personnel who work with or near hazardous disinfectants in health care settings may be exposed to hazardous agents in the air, on work surfaces, clothing, medical equipment, and in contact with patients.
(b) According to the National Institute for Occupational Safety and Health (NIOSH), pregnant nurses who were exposed to toxic disinfectants in the workplace experienced a miscarriage rate that was double the rate of miscarriages among nurses not similarly exposed.
(c) It is in the best interests of the state that the Occupational Safety and Health Standards Board study review the health effects of toxic disinfectants and adopt standards to protect health care personnel from hazardous exposure to these disinfectants.

SEC. 2.

 Section 144.9 is added to the Labor Code, to read:

144.9.
 (a) As used in this section, the following definitions shall apply:
(1) “Disinfectant” means a chemical agent, regulated by the federal Environmental Protection Agency, that eliminates pathogens on inanimate objects.
(2) “NIOSH” means the National Institute for Occupational Safety and Health of the federal Centers for Disease Control and Prevention.

(b) The board shall adopt an occupational safety and health standard to protect patients and health care personnel from the toxic effects of disinfectants regardless of the setting. In developing the standard, the board shall consider input from hospitals, practicing physicians from impacted specialties, including epidemiology, organizations representing health care personnel, including registered nurses, custodians, patients, and other stakeholders, and shall determine a reasonable time for facilities to implement new requirements imposed by the adopted standard. The standard, to the extent feasible, shall consider the most recent scientific evidence available and shall incorporate applicable updates and changes to the NIOSH guidelines.

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.