(a) The chief administrative officer for each facility within a governmental unit shall report, as required by this section, each employee, as defined in §96.101(7) of this title (relating to Definitions), who sustains a contaminated sharps injury, as defined in §96.101(5) of this title. The chief administrative officer of the governmental unit may designate an employee for each facility within the governmental unit to serve as the reporting officer.
(b) Information concerning each contaminated sharps injury shall be recorded in a written or electronic sharps injury log which shall be maintained by a governmental unit, in accordance with Health and Safety Code, Chapter 81, Subchapter H, and this chapter.
(c) The following information must be recorded in the sharps injury log:
  (1) name and address of facility where injury occurred;
  (2) name and phone number of the chief administrative officer or reporting officer;
  (3) date and time of the injury;
  (4) age and sex of the injured employee;
  (5) type and brand of sharp involved;
  (6) original intended use of the sharp;
  (7) whether the injury occurred before, during, or after the sharp was used for its original intended purpose;
  (8) whether the exposure was during or after the sharp was used;
  (9) whether the device had engineered sharps injury protection, as defined in §96.101(9)(A) and (B) of this title (relating to Definitions), and if yes, was the protective mechanism activated and did the exposure incident occur before, during, or after activation of the protective mechanism;
  (10) whether the injured person was wearing gloves at the time of the injury;
  (11) whether the injured person had completed a hepatitis B vaccination series;
  (12) whether a sharps container was readily available for disposal of the sharp;
  (13) whether the injured person received training on the exposure control plan during the 12 months prior to the incident;
  (14) the involved body part;
  (15) the job classification of the injured person;
  (16) the employment status of the injured person;
  (17) the location/facility/agency and the work area where the sharps injury occurred; and
  (18) a listing of the implemented needleless systems and sharps with engineered sharps injury protection for employees available within the governmental entity.
(d) Information contained in subsection (c)(1) - (17) of this section concerning each contaminated sharps injury shall be reported no later than 30 days after it occurred.
(e) A chief administrative officer for each facility within a governmental unit or the designee shall report the contaminated sharps injury to the local health authority where the facility is located. The local health authority, acting as an agent for the Department of State Health Services (department), shall receive and review the report for completeness, and submit the report to the department. If no local health authority is appointed for the jurisdiction where the facility is located, the report shall be made to the regional director of the department's regional office in which the facility is located.
(f) A contaminated sharps injury shall be reported on the department's Contaminated Sharps Injury Reporting Form or through an electronic means established by the department. Copies of the Contaminated Sharps Injury Reporting Form can be obtained on the Internet at http://www.dshs.state.tx.us/idcu/health/bloodborne_pathogens/reporting/ or from the department's regional offices.

Source Note: The provisions of this §96.401 adopted to be effective August 16, 2000, 25 TexReg 7704; amended to be effective July 23, 2006, 31 TexReg 5626; amended to be effective June 21, 2017, 42 TexReg 3147