A Stryker Visit: Developing Rationale for State Legislation to Regulate Smoke Evacuation in ORs

Surgical smoke, the byproduct of heat-producing devices such as electrocautery units and lasers, poses a significant yet often overlooked health risk in hospital operating rooms (ORs). Composed of toxic chemicals, viable cellular material, viruses, and bacteria, surgical smoke is inhaled daily by healthcare workers, particularly surgeons, nurses, and anesthesiologists. Despite the known hazards, the use of effective smoke evacuation systems is not universally mandated. This underscores the urgent need for state legislation to standardize and enforce smoke evacuation protocols across healthcare facilities.
The issues was the basis in gathering a group of state legislators (State Representatives Joey Andrews, John Fitzgerald, Matt Longjohn, Julie Rogers, and State Senators Sean McCann and Sam Singh) and U.S. Congressman Bill Huizenga at Stryker Instruments last week. The visit included a tour of the facility, demonstration of Stryker’s Neptune SafeAir Smoke Evacuation Pencil, and a discussion that enlightened attendees the need for a legislative solution.
Two Michigan-based OR nurses, joined Julie Greenhalgh, a retired perioperative nurse who was the force behind the first-in-the-country enacted law mandating surgical smoke evacuation. All three imparted firsthand experience on how surgical smoke can be as harmful as cigarette smoke. Surgical smoke contains over 80 hazardous chemicals, including benzene, hydrogen cyanide, and formaldehyde. Inhaling this smoke can lead to a range of health problems, from acute symptoms such as headaches, nausea, and respiratory irritation to long-term consequences like chronic bronchitis and possibly increased cancer risk.
Healthcare professionals are particularly vulnerable due to repeated and prolonged exposure. The Association of periOperative Registered Nurses (AORN) reports that exposure to surgical smoke in just one day is equivalent to smoking dozens of unfiltered cigarettes. Additionally, surgical smoke has been found to carry viable viruses, including HPV, and bacteria that could pose infectious risks.
Currently, regulation of surgical smoke evacuation is inconsistent across states. Some states, like Rhode Island, Colorado, and Kentucky, have passed laws requiring hospitals and ambulatory surgical centers to adopt smoke evacuation policies. However, in many states, compliance is left to the discretion of individual healthcare institutions, often resulting in inadequate or inconsistent practices.
This lack of uniform legislation leaves many OR personnel unprotected, especially in facilities that may delay investing in proper equipment due to cost or lack of awareness. Furthermore, OSHA has issued guidelines but not enforceable standards, making it even more imperative for state governments to step in.
State legislation is a critical lever for ensuring the widespread and consistent implementation of smoke evacuation policies. Here are several reasons why:
- Workplace Safety: Mandating smoke evacuation protects the health and safety of healthcare workers, aligning with existing occupational safety standards and ethical obligations.
- Standardization of Care: Legislation ensures that all surgical facilities, regardless of size or resources, adhere to the same safety benchmarks, reducing disparities in workplace protections.
- Public Health Impact: By minimizing exposure to carcinogens and infectious agents, smoke evacuation laws contribute to broader public health goals and reduce long-term healthcare costs associated with occupational illness.
- Professional Support: Leading healthcare organizations such as AORN, the American Nurses Association (ANA), and the Association of Surgical Technologists (AST) support legislation mandating surgical smoke evacuation. State laws would reinforce these professional guidelines with legal backing.
- Preventive Healthcare: Proactively eliminating harmful exposures before they lead to illness reflects a preventive approach to healthcare that is both humane and cost-effective.
Opponents of mandatory smoke evacuation policies often cite financial constraints. While the initial investment in equipment can be significant, the long-term benefits — including fewer sick days, reduced liability, and improved worker retention — outweigh the costs. Additionally, bulk purchasing programs and government grants can alleviate the financial burden on smaller facilities.
The absence of comprehensive, enforceable smoke evacuation regulations in many states leaves healthcare workers vulnerable to preventable harm. State legislation mandating the use of smoke evacuation systems in ORs is not only a matter of occupational health and safety — it is a moral and professional imperative.
The Stryker visit set the stage for introduction of smoke evacuation legislation in the near term. MichBio will be working closely with Stryker and legislators to ensure swift passage of such legislation for the sake of patient and provider health.
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