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S.B. 553
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VETOES
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(II) THE TECHNOLOGY COMPROMISES THE PATIENT'S CARE OR
SAFETY;
(III) THE TECHNOLOGY IS NOT MORE EFFECTIVE IN PREVENTING
EXPOSURE INCIDENTS THAN THE ALTERNATIVE USED BY THE EMPLOYER; OR
(IV) TO SUFFICIENT INFORMATION IS NOT YET AVAILABLE ON THE
SAFETY PERFORMANCE OF THE DEVICE, AND THE EMPLOYER IS ACTIVELY
EVALUATING THE DEVICE;
(5) A REQUIREMENT THAT WRITTEN EXPOSURE CONTROL PLANS:
(I) ARE DEVELOPED WITH THE INVOLVEMENT OF HEALTH CARE
WORKERS; AND
(II) INCLUDE A PROCEDURE FOR IDENTIFYING AND SELECTING
EXISTING ENGINEERED SHARPS INJURY PROTECTION TECHNOLOGY;
(6) A REQUIREMENT THAT WRITTEN EXPOSURE CONTROL PLANS BE
UPDATED ANNUALLY OR AS NECESSARY TO REFLECT PROGRESS IN IMPLEMENTING
ENGINEERED SHARPS INJURY PROTECTION REQUIREMENTS;
(7) A REQUIREMENT THAT INFORMATION CONCERNING ALL EXPOSURE
INCIDENTS BE RECORDED IN A SHARPS INJURY LOG, INCLUDING INFORMATION ON
THE TYPE AND BRAND OF DEVICE INVOLVED IN THE INCIDENT; AND
(8) ADDITIONAL REQUIREMENTS TO PREVENT SHARPS INJURY OR
EXPOSURE INCIDENTS INCLUDING;
(I) TRAINING; AND
(II) MEASURES TO INCREASE VACCINATIONS.
5-1004.
THIS SECTION MAY BE CITED AS THE "HEALTH CARE WORKERS' SAFETY ACT".
SECTION 2. AND BE IT FURTHER ENACTED, That compliance with the
regulations adopted under Title 5, Subtitle 10 of the Labor and Employment Article
shall be required within 12 months following final adoption of the regulations.
(A) THE COMMISSIONER, IN CONSULTATION WITH THE SECRETARY OF THE
DEPARTMENT OF HEALTH AND MENTAL HYGIENE, SHALL ADOPT REGULATIONS TO
IMPLEMENT THE BLOODBORNE PATHOGEN STANDARD AS ESTABLISHED BY THE
FEDERAL OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION IN 29 C.F.R.
1910.1030, EFFECTIVE NOVEMBER 5, 1999.
(B) THE COMMISSIONER SHALL SUBMIT NOTICE REGARDING ANY
MODIFICATIONS MADE TO THE FEDERAL BLOODBORNE PATHOGEN STANDARD
AFTER NOVEMBER 5, 1999 AND, SUBJECT TO § 2-1246 OF THE STATE GOVERNMENT
ARTICLE, MAKE RECOMMENDATIONS FOR ANY LEGISLATIVE CHANGES TO THE
HOUSE ENVIRONMENTAL MATTERS COMMITTEE, THE SENATE ECONOMIC AND
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- 3944 -
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