Interim Implementation Policy Labor Code Section 6403.5
Hospital Patient and Health Care Worker Injury Protection Act
January 25, 2012
Background
On January 1, 2012, AB 1136, The Hospital Patient and Health Care Worker Injury Protection Act (Act) became effective in California. The Act, which has been incorporated into the California Labor Code as Section 6403.5, requires that general acute care hospitals1 adopt a “patient protection and health care worker back and musculoskeletal injury prevention plan” as part of the employer’s Injury and Illness Prevention Program (IIPP).2 The Act requires covered hospitals to adopt a safe patient handling policy for all units, which includes trained lift teams or other trained support staff, as well as the appropriate3 use of powered lift and transfer equipment to replace manual lifting and transferring. It also requires training for health care workers on the appropriate use of lifting devices and equipment, the five areas of body exposure, and the use of lifting devices to handle patients safely. The registered nurse, as the coordinator of care, must observe and direct patient lifts and mobilization, and participate as needed in patient handling.
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On December 17, 2010, the Centers for Medicare and Medicaid Services (CMS) issued a memorandum to its State Survey Agency Directors titled, “Hospital and Critical Access Hospital (CAH) Facility Life Safety Code (LSC) Occupancy Classification Update”. The memorandum caused confusion because, as written, it did not clearly distinguish between requirements for various occupancies. As originally issued, all clinics providing health services would have been required to comply with all Ambulatory Health Care requirements in NFPA 101, 2000 edition, Chapters 20, 21 and additional referenced chapters. The ambiguous standards could have triggered millions of dollars in renovation costs to clinics and hospital buildings in California alone. (more…)
A new California Air Resources Board (CARB) regulation to minimize leaks of environmentally harmful refrigerants took effect Jan. 1. The new requirements build on long-established federal regulations for refrigeration systems.
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On December 18, 2009, wood dust was added to the list of Proposition 65 substances known to
cause cancer and, therefore, require businesses that generate, transport, use or sell wood dust
to post a warning. This past year, various industries attempted to define wood dust because it is
not defined under Proposition 65. The issue is further complicated because the state has not
defined “no significant risk” for wood dust. Therefore, a defendant in a Proposition 65 lawsuit
would have to prove that for any amount of wood dust generated there is no significant cancer
risk to humans.
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