Bill Text: CA AB2272 | 2015-2016 | Regular Session | Enrolled
Bill Title: Occupational safety and health standards: plume.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Vetoed) 2016-09-30 - Vetoed by Governor. [AB2272 Detail]
Download: California-2015-AB2272-Enrolled.html
BILL NUMBER: AB 2272 ENROLLED
BILL TEXT
PASSED THE SENATE AUGUST 24, 2016
PASSED THE ASSEMBLY AUGUST 30, 2016
AMENDED IN SENATE AUGUST 15, 2016
AMENDED IN SENATE AUGUST 1, 2016
AMENDED IN SENATE JUNE 14, 2016
INTRODUCED BY Assembly Member Thurmond
FEBRUARY 18, 2016
An act to add Section 144.9 to the Labor Code, relating to
occupational safety and health.
LEGISLATIVE COUNSEL'S DIGEST
AB 2272, Thurmond. Occupational safety and health standards:
plume.
Under existing law, the Occupational Safety and Health Standards
Board within the Department of Industrial Relations promulgates and
enforces occupational safety and health standards for the state,
including standards dealing with toxic materials and harmful physical
agents. Under existing law, the Division of Occupational Safety and
Health is required to enforce all occupational safety and health
standards, as specified. A violation of these standards and
regulations under specific circumstances is a crime.
This bill would, by June 1, 2017, require the division to convene
an advisory committee to develop a regulation that requires a health
facility to evacuate or remove plume through the use of a plume
scavenging system in all settings that employ techniques that involve
the creation of plume and would authorize certain entities and
people to be on the advisory committee, including, among others,
practicing physicians and surgeons from affected specialties. The
bill would require the division, in developing the regulation to do
certain things, including evaluating the use of certain standards
adopted by specified organizations as a benchmark. The bill would
also require the division, when developing the proposed regulation,
to take into consideration recommendations on the evacuation of plume
from the federal Occupational Safety and Health Administration or
National Institute for Occupational Safety and Health. The bill
would, by June 1, 2018, require the division to submit to the board
the proposed regulation. The bill would, by July 1, 2019, require the
board to adopt the proposed regulation.
The bill would provide that compliance with general room
ventilation standards or the use of surgical masks does not satisfy
the requirements for protection from surgical plumes under these
provisions. The bill would provide that the use of respirators does
not satisfy the requirements for protection from surgical plumes
under these provisions, except as specified. The bill would require
the manufacturer of a plume scavenging system to provide evidence
that the system meets specified minimum requirements when installed,
operated, and maintained in accordance with the manufacturer's
instructions.
The bill would specify that these provisions do not limit the
authority of the division to develop, or limit the authority of the
board to adopt, a regulation with a broader scope or broader
application than required by these provisions.
By expanding the definition of an existing 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.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 144.9 is added to the Labor Code, to read:
144.9. (a) As used in this section:
(1) "Division" means the Division of Occupational Safety and
Health.
(2) "Electrocautery device" means a device that is electrically
heated to cut, ablate, or coagulate human tissue for therapeutic
purposes.
(3) "Electrosurgical device" means a device that uses a radio
frequency electric current passing through the patient to cut,
ablate, or coagulate human tissue for therapeutic purposes.
(4) "Energy-based device" means a device that uses energy to
ablate, cauterize, or mechanically manipulate target human tissue
including lasers, electrosurgical generators, broadband light
sources, ultrasonic instruments, plasma generators, bone saws, and
drills.
(5) "Health facility" means a health facility as defined in
subdivision (a) of Section 1250 of the Health and Safety Code.
(6) "Plume" means noxious airborne contaminants generated as
byproducts of the use of energy-based devices, electrosurgical
devices, electrocautery devices, or mechanical tools during surgical,
diagnostic, or therapeutic procedures.
(7) "Plume scavenging system" means smoke evacuators, laser plume
evacuators, plume scavengers, and local exhaust ventilators that
capture and neutralize plume at the site of origin and before plume
can make ocular contact or contact with the respiratory tract of
employees.
(b) (1) The division, by June 1, 2017, shall convene an advisory
committee to develop a regulation that requires a health facility to
evacuate or remove plume through the use of a plume scavenging system
in all settings that employ techniques that involve the creation of
plume. The advisory committee may include health facilities,
practicing physicians and surgeons from affected specialties,
registered nurses and other affected health care personnel, labor and
specialty organizations representing affected registered nurses,
labor and specialty organizations representing other affected health
care personnel, and other stakeholders.
(2) By June 1, 2018, the division shall submit to the board the
proposed regulation requiring a health facility to evacuate or remove
plume through the use of a plume scavenging system in all settings
that employ techniques that involve the creation of plume.
(3) In developing the regulation, the division shall do all of the
following:
(A) Evaluate using as a benchmark the standards titled "Systems
for evacuation of plume generated by medical devices" (ISO 16571)
adopted by the International Organization for Standardization and the
standards titled "Plume scavenging in surgical, diagnostic,
therapeutic, and aesthetic settings" (CSA Z305.13-13) adopted by the
CSA Group.
(B) Take into consideration recommendations on the evacuation of
plume from the federal Occupational Safety and Health Administration
and National Institute for Occupational Safety and Health.
(C) Take into consideration the standards titled "Systems for
evacuation of plume generated by medical devices" (ISO 16571) adopted
by the International Organization for Standardization in developing
a standard establishing how much plume shall be captured by a plume
scavenging system.
(D) Include a requirement in the regulation for employers to
provide training to all workers foreseeably participating in
procedures that involve the creation of plume. The training shall
include, but not be limited to, general education on the contents of
plume, the circumstances in which it is generated, the associated
health and safety hazards, and appropriate use of the plume
scavenging equipment and systems utilized by the health facility. The
training shall be designed to provide an opportunity for interactive
questions and answers with a person knowledgeable about occupational
exposure to plume and the specific equipment utilized to scavenge
plume.
(c) The board shall, by July 1, 2019, adopt the proposed
regulation of the division, except as specified in subdivision (f),
requiring a health facility to evacuate or remove plume through the
use of a plume scavenging system in all settings that employ
techniques that involve the creation of plume.
(d) (1) Nothing in this section alters, amends, expands, or
reduces existing general room ventilation standards or requirements.
These plume scavenging standards are in addition to general room
ventilation standards or requirements, and compliance with general
room ventilation standards shall not satisfy the requirements of this
section.
(2) Evidence that the plume scavenging system conforms to the
minimum requirements of this section when installed, operated, and
maintained in accordance with the manufacturer's instructions, shall
be provided by the manufacturer.
(e) The use of surgical masks shall not satisfy the requirements
of this section. The use of respirators shall not satisfy the
requirements of this section except when, due to medical necessity,
the plume scavenging system is not able to be located where it
effectively captures plume.
(f) This section shall not limit the authority of the division to
develop a regulation, or the authority of the board to adopt a
regulation, that is broader in scope or broader in application than
required by this section.
SEC. 2. 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.
