New California legislation aims to protect healthcare workers from surgical smoke

California Gov. Gavin Newsom has signed a bill into law that aims to protect healthcare workers from surgical smoke by mandating the development and adoption of enforceable workplace protections. 

Mr. Newsom signed A.B. 1007 into law Oct. 7. The legislation requires the state's division of occupational safety and health to submit a regulation proposal that requires healthcare facilities to "evacuate or remove plume to the extent technologically feasible through the use of a plume scavenging system" by Dec. 1, 2026, and for CAL/OSHA to adopt such rules by June 1, 2027. 

The bill was sponsored by the California Nurses Association, which advocated for similar bills in the past that were ultimately vetoed by former Gov. Jerry Brown. 

"We have seen too many nurses needlessly become ill, some so seriously that it took years for them to recover, because they did not have the protections they needed as they cared for their patients," Sandy Reding, RN, an OR nurse and CNA president, said in an Oct. 7 statement. "It is my sincerest hope that with these new regulations, nurses and others will no longer lose their ability to work or face serious illness as they provide much needed care. This is an important victory for nurses and patients."

A growing number of states have moved to mandate surgical smoke evacuation in recent years, according to a national map from the Association of Perioperative Registered Nurses. Fourteen states have passed  legislation, while several others have pending legislation. 

A growing body of research has indicated exposure to toxic gasses and particulate matter in surgical smoke has negative health effects. 

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