Engineering And Work Practice Controls

(1) Available engineered sharps injury protection devices shall be evaluated and used when they are more effective in preventing exposure incidents. (2) The engineered sharps injury protection device is not required if: (a) A licensed healthcare professional directly involved in a patient's care determines, in the exercise of clinical judgement, that use of the engineering control will jeopardize the patient’s safety or the success of a medical, dental or nursing procedure involving the patient. The determination shall be documented. (b) The employer can demonstrate by objective means that it is not more effective in preventing exposure incidents than the alternative used by the employer. The determination shall be documented. (c) The product is a pre-filled syringe requiring federal Food and Drug Administration approval for changes to packaging, labeling, and/or product. The exemption expires three (3) years after the effective date of these rules.