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Gloria Fox's Bill is Finally out of Committee!
(previously HB 1397)
ENSURING SAFETY AND SECURITY IN BIOMEDICAL LABORATORIES AND
FACILITIES
Sponsored by State Representative Gloria L. Fox
Background
Boston University will receive federal funding to construct a biological research laboratory that includes BioSafety Level 3 and 4 (BSL 3 and 4) containment, the highest levels of containment. BSL4 laboratories experiment with the most dangerous toxic biological agents, those that cause fatal human disease by spreading through the air, or with an unknown cause of transmission, such as smallpox, Ebola, and other viral hemorrhagic fevers, for which there iis no vaccine or cure. Many of the toxic biological agents, known as select agents, could be used in biowarfare and bioterrorism. An agent escaping containment would pose a severe threat to public health and the environment and could cause a public health crisis.
For example, recent SARS outbreaks in Asia were from BSL3 and 4 llabs. Currently there are only four U.S. BSL4 laboratories; none are in Massachusetts. In addition, Tufts Veterinary School has proposed
building a BSL3 laboratory in Grafton, MA, to experiment with select agents.
Need for the legislation
BSL4 laboratories are inherently dangerous because they experiment with toxic biological agents that could cause a disease outbreak, deaths, and a public health crisis if released into the community. They also might be a target for terrorists who want the agents or to cause community harm. Concern has been heightened by revelations that in 2004 three researchers accidentally became infected with tularemia, a bioterrorism agent, in a BU BSL2 laboratory. BU failed to diagnose the infections as laboratory-acquired tularemia for months failed to report the infections to local public health officials in a timely manner. There is no federal requirement to report the infections to anyone. Massachusetts has no comprehensive regulatory program for BSL3 or 4 laboratories. The federal government has only self-enforcing guidelines that have been proven unsuccessful. Massachusetts has standards for other inherently dangerous facilities, such as a landfills and power plants, on where they might
be located, how the location decision would be made, operations and maintenance requirements, and other appropriate standards to protect the public health and environment.
The legislation creates a comprehensive regulatory program for high containment biological laboratories, based on existing state laws for hazardous and polluting facilities and federal guidance.
Key points of the legislation include:
· Requirements for location (for BSL4 labs), operation, maintenance, security, emergency response
plans, reporting, training, waste management and decontamination, and insurance for high containment labs.
· Laboratory inspections and permits to ensure that the laboratories are operated to protect the public health and the environment.
· Penalties of up to $25,000 per violation per day for violations of the llaw and regulations, and a lab can be required to stop operating if it does not correct its violations of law and regulations.
· “Whistle -blower” protections so that a lab cannot retaliate against an employee, researcher, or student who reports health and safety problems in the lab.
· No new agencies are created. Because there will be only a few BSL3/4 laboratories, there should be a minimal impact on state resources.
· A biosafety advisory committee of at least four community residents to advise local boards of health to help ensure health and safety of lab workers and community residents.
· Departments of Public Health, Public Safety, and Environmental Protection adopt regulations to carry out requirements of the law.
· Municipalities may enact laws and regulations in addition to the state law.
· The legislation does not prohibit high containment biological laboratories or limit the research done in such labs. It also exempts labs that have building permits from the location requirements.
Legislation status / Getting a copy of the bill
In June 2005, the Joint Committee on Environment, Natural Resources, and Agriculture held a public hearing on Rep. Fox’s legislation. Afterward, the Committee rewrote parts of the legislation (changing the name and weakening some of the protections in the Rep. Fox legisla tion -- but the bill still contains many health and safety requirements for labs and needs to become a law). In May 2006, the Committee unanimously voted in favor of the amended legislation, which was referred to the Committee on Health Care Financing. The number of the bill was changed from HB 1397 to HB 4937.
HB 4937 should be available on the state website click here
Support
this Legislation!
Sign the Online Petition Here
Then we must let our own reps and senators know that concern is widespread
about the proposed lab and we want them to support this legislation!
Contact legislators, send them information about the lab and the bill,
and set up meetings with them to discuss our concerns and ask for
their support. Ask your rep and senator to write a letter in support
of the legislation and send it to Rep. Gloria Fox.
Please call our office
for any help you might need
617-492-8899
Be sure to check out the legislative
toolkit.
Who is your state senator and rep: http://www.wheredoivotema.com/bal/myelectioninfo.php
Amazing Organizing Video is now available - go to
www.BRollfilms.com
Co-Sponsors:
- Rep. Gloria L. Fox 7th Suffolk
- Rep. Byron Rushing 9th Suffolk
- Sen. Jarrett T. Barrios Middlesex Suffolk, and Essex
- Rep. Shirley Owens-Hicks 6th Suffolk
- Rep. Elizabeth A. Malia 11th Sufflk
- Sen. Dianne Wilkerson Second Sufolk
- Rep. Frank Israel Smizik 15th Norfolk
- Rep. Kay Khan 11th Middesex
- Rep. Ruth Balser 12th Middlesex
- Rep. Jay R. Kaufman 5th Middlesex
- Rep. James R. Miceli 19th Middlesex
- Rep. J. James Marzilli, Jr. 23rd Middlesex
- Rep. Anne Paulsen 24th Middlesex
- Rep. Alice Wolf 25th Middlesex
- Rep. Timothy J. Toomey, Jr. 26th Middlesex
- Rep. Patricia D. Jehlen 27th Middlesex
- Rep. Edward G. Connelly 28th Middlesex
- Rep. Rachel Kaprelian 29th Middlesex
- Rep. Carl Sciortino 34th Middlesex
- Rep. Colleen M. Garry 36th Middlesex
- Rep. Mathew Patrick 3rd Barnstable
- Sen. Pamela P. Resor Middlesex and Worcester
- Rep. Martha M. Walz 8th Suffolk
- Rep. Ellen Story 3rd Hampshire
- Rep. Demetrious J. Atsalis 2nd Barnstable
- Sen. Robert A. Havern, III Fourth Middlesex
- Sen. Cynthia Stone Creem, First Middlesex and Norfolk
- Sen. Robert A. O'Leary, Cape and the Islands
- Rep. Benjamin Swan, 11th Hampden
- Cory Atkins, Fourteenth Middlesex
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