San Francisco Chronicle; Friday, April 17, 1998
William Carlsen, Reynolds Holding, Chronicle Staff Writers

The California Democrat said she was amazed when she learned from a series of Chronicle stories this week that thousands of health care workers are being struck down by hepatitis and HIV transmitted through accidental needle injuries.

"This is a tragedy that can be prevented," she said.

Boxer yesterday called Charles Jefferess, the head of the U.S. Occupational Safety and Health Administration, to express her concern over inaction by federal safety regulators.

"He (Jefferess) said that he's very concerned about this and is studying all the facts," she said. "Sadly, the federal regulations appear to be inadequate."

After Jefferess explained that tightening existing federal regulations could take up to eight years, Boxer said she asked him to use his emergency powers to issue a temporary regulation while the more lengthy process took place. Boxer sent a letter to the agency later in the day that included the Chronicle series and formally asked for emergency action.

"Mr. Secretary," she wrote, "we are fortunate to live at a time when health care technology advances at a rapid rate. One of these advances is needles which protect health care workers from accidental needle sticks. "We simply must not stand by awaiting an interminable rule- making process while thousands of health care workers are getting sick and some are even dying as a result of our inertia."

Jefferess could not be reached for comment.

OSHA spokesman Steven Gaskill confirmed Boxer's account of her conversation with Jefferess. "We await her letter and will continue to talk with her and her office," he said. "There is not much more I can say at this point." The Chronicle series this week reported that over the past 20 years, thousands of health care workers have died from needle injuries, and tens of thousands have contracted devastating diseases -- even though safe needle devices designed to prevent needle sticks have been available for a decade. The Chronicle found that federal and state watchdog agencies, including OSHA, Cal OSHA and the U.S. Food and Drug Administration, have all but ignored the problem.

Cal OSHA, which enforces workplace safety regulations in the state, said yesterday that it was considering revising its standard concerning needle stick injuries.

In a letter yesterday responding to a call for action Wednesday by Assemblywoman Carole Migden, D-San Francisco, Cal OSHA chief John Howard said his agency lacks authority to require health care employers to provide their employees with safe needles.

"Only when the standard itself specifically mandates the use of the specific types of medical devices featured in the Chronicle articles can the division cite employers for their failure to comply," Howard wrote.

He said the agency would convene an advisory meeting in June to consider "recommending to the Occupational Safety and Health Standards Board several revisions in the California Bloodborne Pathogen Standard," including mandating the use of specific safe needle devices.

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