Consultation on proposed Health and Safety (Sharp Instruments in Healthcare) Regulations 2013 began on 8 August 2012. Although there is technically nothing new in these regulations they do provide codification to some existing good practice and are aimed at reducing injuries in the health care and hospital sector.
The new regulations will require employers in the healthcare sector to introduce arrangements for the safe use and disposal of medical sharps, to provide information and training to employees, and to record, investigate and take action following a sharps injury.
The regulations will also introduce a duty on healthcare workers to promptly report any sharps injury to their employer. The Health and Safety Executive (HSE) are proposing to work with healthcare stakeholders to promote compliance with existing legislation and the new regulation.
What are Sharps?
Most commonly used by the healthcare sector, a sharps injury is an incident which causes a needle, blade or sharp instrument, such as a scalpel (collectively referred to as ‘sharps’), that could cause injury by cutting or piercing to the skin. It is important to recognise that sharps comprise far more than hypodermic needles and surgical blades.
If the sharp is contaminated with blood or other body fluid, there is a potential for transmission of infection. The most significant consequence of such an injury arising from the potential exposure is hepatitis C. Whilst there are few cases of healthcare workers contracting an infection this way, such diseases can be serious.
The European Union (EU) Directive must be implemented by all member states by May 2013 and complements the more general duties of the Health & Safety at Work etc. Act 1974, The Management of Health & Safety at Work Regulations 1999 and the Control of Substances Hazardous to Health Regulations 2002.
Who will be Affected?
Those affected are employers whose main activity is the managing, organising and provision of healthcare and employers who provide services to a healthcare employer, or other staff who work under their direction and supervision, and are exposed to a risk of injury from medical sharps whilst on the healthcare employer’s premises. Many NHS Trusts and boards should already be aware of the proposals.
As an employer, you will need to take action to manage the risks of your workers, Where it is not reasonably practicable to avoid the use of medical sharps, the regulation will require employers to;
- Use sharps that incorporate protection mechanisms
- Prevent the recapping of needles
- Place containers and instructions for the safe disposal of medical sharps close to the work area
- Review procedures regularly
- Provide information and training to staff
- Make a record of the reported injury, investigate the cause and take any action required.
- Follow up a sharps injury; offer the injured worker a post exposure prophylaxis or any other medical treatment as advised by a doctor.
An employee or other person who works for an employer to whom the new regulations apply who receives a sharps injury at work must, as soon as practicable, report it to their employer.
Regrettably, the inclusion of contract staff working on hospital premises is something of a grey area and though there is an expectation that they too will included in the provisions of the Act it remains to be seen if hospitals seek to charge for this additional occupational health provision or seek to exclude non-NHS staff.
Waste contractors, who are of course exposed to the very sharps that necessitate such provision in law are specifically excluded from the protection that this Act is intended to provide. The hazards are clear, and there is a significant record of sharps injuries to waste handlers that put this group into a high risk category for injury and infection. That is not right.