Skip to main content
Find a Lawyer

Pennsylvania Statutes Title 35 P.S. Health and Safety § 631.3. Department

Current as of January 01, 2025 | Updated by Findlaw Staff

(a) Adoption of standard.--Within six months of the effective date of this act, the department shall adopt a bloodborne pathogen standard governing public employees. The standard shall be at least as prescriptive as the standard promulgated by the Federal Occupational Safety and Health Administration and shall include the following:

(1) A requirement that needleless systems and sharps with engineered sharps injury protection be included as engineering and work practice controls. Engineering controls under this paragraph shall not be required if none is available in the marketplace.

(2) A requirement that each public employee receive education on the use of an engineering control before a control is introduced into the clinical setting.

(3) A requirement that each employer develop and implement an effective written exposure control plan which includes procedures for all of the following:

(i) Updating the written exposure control plan when necessary, but at least once each year, to reflect progress in implementing needleless systems and sharps with engineered sharps injury protection.

(ii) Recording information concerning exposure to bodily fluid in a sharps injury log. This subparagraph includes:

(A) Date and time of the exposure.

(B) Type and brand of sharp involved in the exposure.

(C) Description of the exposure. This clause includes:

(I) Job classification of the exposed public employee.

(II) Department or work area where the exposure occurred.

(III) Procedure which the exposed public employee was performing at the time of the exposure.

(IV) How the exposure occurred.

(V) Body part involved in the exposure.

(VI) If the sharp had engineered sharps injury protection, whether the protective mechanism was activated and whether the injury occurred before the protective mechanism was activated, during activation of the mechanism or after activation of the mechanism.

(VII) If the sharp had no engineered sharps injury protection, whether and how such a mechanism could have prevented the injury. This subclause requires statement of the basis for the assessment.

(VIII) An assessment of whether any other engineering, administrative or work practice control could have prevented the injury. This subclause requires statement of the basis for the assessment.

(b) Additional measures.--The department shall consider additional measures to prevent sharps injuries or exposure to bodily fluid. This subsection includes training and educational requirements, increased use of vaccinations, strategic placement of sharps containers as close to the work area as practical and increased use of personal protective equipment.

(c) Regulations.--The department may promulgate regulations to implement this act.

Previous Part of Code Next Part of Code
Back to Chapter List

Cite this article: FindLaw.com - Pennsylvania Statutes Title 35 P.S. Health and Safety § 631.3. Department - last updated January 01, 2025 | https://codes.findlaw.com/pa/title-35-ps-health-and-safety/pa-st-sect-35-631-3/

FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.

Was this helpful?

Welcome to FindLaw's Cases & Codes

A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw’s Learn About the Law.

Go to Learn About the Law

Latest Blog Posts

For Legal Professionals

Learn About The Law

Get help with your legal needs

FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.

Go to Learn About the Law

Need to Find an Attorney?

Search our directory by legal issue

Enter information in one or both fields (Required)

Copied to clipboard