v 
c 
I“ 
THIRTEENTH CONGRESS OF THE REPUBLIC ) 
OF THE PHILIPPINES 
) 
First Regular Session 
1 
Introduced bv Senator LUISA “LOI” P. EJERCITO ESTRADA 
EXPLANATORY NOTE 
The Constitution, Article 2 provides: 
“Section 15. The State shall protect and promote 
the right to health of the people and instill health 
consciousness among them.” 
The Constitution, Article 2 hrther provides: 
“Section 18. The State affirms labor as a primary 
social economic force. It shall protect the rights of workers 
and promote their welfare.” 
Health workers are constantly exposed to the risk of acquiring deadly diseases 
such as hepatitis and the Acquired Immunodeficiency ’ Syndrome (AIDS) caused by 
bloodborne pathogens. These diseases can be transmitted to health care workers who are 
exposed to sharp related injuries when caring for patients. 
Considering the important role of health workers in keeping our citizens healthy, 
the legislature needs to pass measures that will protect them from occupational health 
risks that will endanger their lives. 
Hence, immediate approval of this bill is earnestly sought. 
LUISA “LOI” P. EkRCITO ESTRADA 
Senator 


THIRTEENTH CONGRESS OF THE REPUBLIC ) 
OF THEPHILIPPINES 
) 
First Regular Session 
) 
724 JUN 30 P 1 :37 
SENATE 
S.B. NO. 
-- 
Introduced bv Senator LUISA “LOP’ P. EJERCITO ESTRADA 
AN ACT 
TO REQUIRE THE SECRETARIES OF HEALTH AND LABOR AND 
EMPLOYMENT TO ISSUE REGULATIONS TO ELIMINATE OR MINIMIZE 
THE SIGNIFICANT RISK OF NEEDLESTICK INJURY TO HEALTH CARE 
WORKERS 
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled: 
SECTION 1. Short Title. - This Act shall be known as the “Health Care Worker 
Needlestick Prevention Act.” 
SEC. 2. Declaration of Policy, - It is the policy of the State to: 
(a) protect and promote the right to health of the people and instill health 
consciousness among them; and 
(b) protect the rights of workers and promote their welfare. 
SEC. 3. Definitions. - For purposes of this Act, the term: 
(a) “Secretary” means either the Secretary of Health or the Secretary of Labor and 
Employment; 
(b) “Blood borne Pathogens” means pathogenic microorganisms that are present 
in human blood and can cause disease in humans. These pathogens include 
hepatitis B virus, hepatitis C virus, and human immunodeficiency virus; 
(c) “Contaminated” means the presence or the reasonably anticipated presence of 
1 
blood or other potentially infectious materials on an item or surface; 


(d) “Direct Care Health Care Worker” means an employee responsible for direct 
patient care with potential occupational exposure to sharps related injuries; 
(e) “Employer” means each employer having an employee with occupational 
exposure to human blood or other material potentially containing blood borne 
pathogens; 
(0 “Engineered Sharps Injury Protections” means - 
(i) 
a physical attribute built into a needle device used for withdrawing 
body fluids, that effectively reduces the risk of an exposure incident by 
a mechanism such as barrier creation, blunting, encapsulation, 
withdrawal, retraction, destruction or other effective mechanisms; or 
a physical attribute built into any other type of needle device, or into a 
non-needle sharp, which effectively reduces the risk of an exposure 
incident. 
(ii) 
(g) “Needleless System” means device that does not use needles for - 
(i) the withdrawal of body fluids aRer initial venous or arterial access is 
established; 
(ii) the administration of medication or fluid; and 
(iii)any other procedure involving the potential for an exposure incident; 
(h) “Sharp” means any object used or encountered in a health care setting that can 
be reasonably anticipated to penetrate the skin or any other part of the body, 
and to result in an exposure incident, including, but not limited to, needle 
, devices, scalpels, lancets, broken glass, broken capillary tubes, exposed ends 
of dental wires and dental knives, drills, and burs; 
(i) “Sharps Injury” means any injury caused by a sharp, including cuts, abrasions, 
or needle sticks; 
(i) “Sharp Injury Log” means a written or electronic record satisqing the 
requirements of section 4(33)(2). 


SEC. 4. Requirements. - 
(A)Blood borne Pathogens Standard - 
(1) In General - Except as provided in paragraph (2) hereof, the Secretary 
shall prescribe the blood borne pathogens standard to require that - 
(a) employers utilize needleless systems and sharps with engineered 
sharps injury protections in their work sites to prevent the spread of 
blood borne pathogens; and 
(6) to assist employers in meeting the requirement of subparagraph (a), 
non-managerial direct care health care workers of employers 
participate in the identification and evaluation of needleless systems 
and sharps with engineered sharps injury protections. 
(2) Exception - The blood borne pathogens standard requirements of 
paragraph (1) hereof shall apply to any employer, except where the 
employer demonstrates, to the Secretary’s satisfaction, that - 
(a) there are circumstances in the employer’s work facility in which the 
needleless system and sharps with engineered sharps injury protections 
do not promote employee safety, interfere with patient safety or 
interfere with the success of a medical procedure; or 
(b) the needleless systems and sharps with engineered sharps injury 
protections required are not commercially available to the employer. 
(l3) Standard Content - For carrying out the requirement of subsection (A)( 1) for 
needleless systems and sharps with engineered sharps injury protections, the 
amendment required by subsection (A) shall include the following: 
(1) Exposure Control Plan - The employer shall include in their exposure 
control plan an effective procedure for identifjlrng and selecting existing 
needleless system and sharps with engineered sharps injury protections 
and other methods of preventing blood borne pathogens exposure. 


(2) Sharps Injury Log - The employer shall maintain a separate contaminated 
sharps injury log containing the following information (to the extent such 
information is known to the employer) with regard to each exposure 
incident: 
(a) date and time of the exposure incident; 
(b) type and brand of sharp involved in the exposure incident; 
(c) description of the exposure incident which shall include - 
(i) job classification of the exposed employee; 
(ii) department or work area where the exposure incident occurred; 
(iii) the procedure that the exposed employee was performing at the 
time of the incident; 
(iv) how the incident occurred; 
(v) the body part involved in the exposure incident; 
(vi) if the sharp had engineered sharps injury protections -- 
(via) whether the protective mechanism was activated, and whether 
the injury occurred before the protective mechanism was 
activated, during activation of the mechanism or afier 
activation of the mechanism, if applicable; and 
(vib) whether the employee received training on how to use the 
device before use, and a brief description of the training. 
(vii) if the sharp had no engineered sharps injury protections, the 
injured employee’s opinion as to whether and how such a 
mechanism could have prevented the injury, as well as the basis 
for the opinion; and 
(viii) the employee’s opinion about whether any other engineering, 
administrative, or work practice control could have prevented the 
injury as well as the basis for the opinion. 
(3) Training - A requirement that all direct care health care workers shall be 
provided adequate training on the use of all needleless systems and sharps 


with engineered sharps injury protections which they may be required to 
use. 
SEC. 5. National Clearinghouse On Safer NeedleTechnology - 
(a) In General - The Department of Health and the Department of Labor and 
Employment shall establish and maintain a national database on existing 
needleless systems and sharps with engineered sharps injury protections. 
(b) Evaluation Criteria - The Secretary shall develop a set of evaluation criteria 
for use by employers, employees and other persons when they are evaluating 
and selecting needleless systems and sharps with engineered sharp injury 
protections. 
(c) Training - The Secretary shall develop a model training curriculum to train 
employers, employees and other persons on the process of evaluating 
needleless systems and sharps with engineered sharps injury protections and 
shall (to the extent feasible) provide technical assistance to persons who 
request such assistance. 
(d) Monitoring - The Secretary shall establish a national system to collect 
comprehensive data on needle stick injuries to health care workers, including 
data on mechanisms to analyze and evaluate prevention interventions in 
relation to needle stick injury occurrence. In carrying out its duties under this 
subsection, the Department of Health and the Department of Labor and 
Employment shall have access to information recorded by employers on the 
sharps injury log as required by Section 4(B)(2). 
SEC. 6. Appropriations. - To carry out the provisions of this Act, such amount as 
may be necessary, is hereby authorized to be appropriated fiom the National Treasury. 
Thereafter, the amount necessary for the continuous operation of the Act shall be 
included in the annual appropriation of the Department of Health and the Department of 
Labor and Employment. 


SEC. 7. Separability CZause. - If any provision, or part hereof, is held invalid or 
unconstitutional, the remainder of the law or the provision not otherwise affected shall 
remain valid and subsisting. 
SEC. 8. Repealing Clause. - - Any law, presidential decree or issuance, executive 
order, letter of instruction, administrative order, rule or regulation contrary to or 
inconsistent with, the provisions of this Act is hereby repealed modified or amended 
accordingly. 
SEC. 9. Effectivity Clause. - This Act shall take effect fifteen (15) days after its 
publication in at least two (2) newspapers of general circulation. 
Approved, 
G Wpink disk3health care workers