" 
Sent,tt 
SIXTEENTH CONGRESS OF THE REPUBLIC 
) 
l4}tftt£ of Hie: jrrH'flif¥ 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
'13 
JUL 18 P t1 :06 
SENATE 
S. No. 
931 
REeF; 
Introduced by Senator Miriam Defensor Santiago 
EXPLANATORY NOTE 
The Constitution, Article 2, provides: 
Section 15, The State shall protect and promote the right of health of the 
people and instill health conscionsness among them. 
The Constitution, Article 2 further 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 disease 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 
needles 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.' 
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MIRIAM DEF~SOR St:NTI!(10 
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• This bill was originally filed during the Thilteenth Congress, First Regular Session. 
I 


,~rrmh' 
SIXTEENTH CONGRESS OF THE REPUBLIC 
) 
tf9lft~f of Hi£ £.f"fT ... hH'~ 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
'13 
JUL 18 P4 :06 
SEN~~l 
S.No. ___ _ 
Introduced by Senator Miriam Defensor Santiago 
1 
AN ACT 
2 
REQUIRING THE SECRETARIES OF HEALTH AND LABOR TO 
3 
ISSUE REGULATIONS TO ELIMINATE OR MINIMIZE THE SIGNIFICANT RISK 
4 
OF NEEDLESTICK INJURY TO HEALTH CARE WORKERS 
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled: 
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SECTION 1. Short Title. -
This Act shall be cited as the "Health Care Worker 
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Needlestick Prevention Act." 
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SECTION 2. Declaration of Policy. - It is the policy of the State to: 
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(A) Protect and promote the right of health of the people and instill health consciousness 
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among them; and 
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(B) Protect the rights of workers and promote their welfare. Harmonizing these two 
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policies, the State clearly has the role of protecting the health of the people, particularly the 
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workers, in specific job-related risks. 
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SECTION 3. Definitions. -For purposes ofthis Act, the term: 
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(A) "Bloodborne pathogens" means pathogenic microorganisms that are present in 
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human blood and can cause disease in humans. These pathogens include hepatitis B virus, 
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hepatitis C virus, and human immunodeficiency virus; 
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(B) "Contaminated" means the presence of the reasonably anticipated presence of blood 
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or other potentially infectious materials on an item or surface; 
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(C) "Direct care health cm'e worker" means an employee responsible for direct patient 
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care with potential occupational exposure to sharps related injuries; 
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I 
(D) "Employer" means each employer having an employee with occupational exposure 
2 
to human blood or other material potentially containing bloodbome pathogens; 
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(E) "Engineered sharps injury protection" means -
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(I) A physical attribute built into a needle device used for withdrawing body 
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fluids, accessing a vein or art~ry, or administering medications or other fluids that' 
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effectively reduces the risk of exposure incident by a mechanism such as a barrier 
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creation. Blunting, encapsulation, withdrawal, retraction, destruction, or other 
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effective mechanisms; or 
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(2) A physical attribute built into any type of needle device, or into a non-needle 
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sharp, which effectively reduces the risk of an exposure incident; 
II 
(F) "Needleless system" means a device that does not use needles for-
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(1) The withdrawal of body fluids after initial venous or arterial access IS 
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established; 
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(2) The administration of medication or fluids; and 
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(3) Any other procedure involving the potential for an exposure incident; 
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(G) "Sharp" means any objects used or encountered in a health care setting that can be 
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reasonably anticipated to penetrate the skin or any other part of the body, and to result in an 
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exposure incident, including, but not limited to, needle devices, scalpel, lancets, broken gals, 
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broken capillary tubes, exposed ends of dental wires and dental knives, drills and burs; 
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(H) "Sharps injury" means any injury caused by a sharp, including cuts, abrasions, or 
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needlesticks; and 
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(I) "Sharps injury log" means a written or electronic record satisfying the requirements of 
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Section 4. 
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SECTION 4. Requirements. -
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(A) Bloodborne Pathogens Standard. -
Except as provided in paragraph (B), the 
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Secretary of Health and the Secretary of Labor shall prescribe the bloodbome pathogens standard 
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to require that: 
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1 
(l) Employers utilize needle less systems and sharps with engineered sharps injury 
2 
protections in their work sites to prevent the spread of blood borne pathogens; and 
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(2) To assist employers in meeting the above requirement, non-managerial direct 
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health care workers of employers participate in the identification and evaluation 
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of needleless systems and sharps with engineered sharps injury protections. 
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(B) Exception. - The bloodborne pathogens standard requirements of paragraph (A) shall 
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apply to any employer, except where the employer demonstrates, to the Secretary's satisfaction, 
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that-
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(1) There are circumstances in the employer's work facility in which the 
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needleless systems and sharps with engineered sharps injury protections do not 
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promote employee safety, interfere with patient safety, or interfere with the 
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success of a medical procedure; or 
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(2) The needleless systems and sharps with engineered sharps injury protections 
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required are not commercially available to the employer. 
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(C) Exposure Plan Control. - The employer shall include in their exposure, plan control 
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an effective procedure for identifying and selecting existing needleless systems and sharps injury 
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protecting and other methods of preventing bloodborne pathogens exposure. 
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(D) Sharps Injury Log. - The employer shall maintain a separate contaminated sharps 
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injury log containing the following information, to the extent such information is known to the 
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employer, with regard to each exposure incident: 
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(1) The date and time ofthe exposure incident; 
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(2) The type and brand of sharp involved in the exposure incident; 
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(3) The description of the exposure incident which shall include-
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(a) The job classification of the exposed employee; 
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(b) The department or work area where the exposure incident occurred; 
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(c) The procedure that the exposed employee was performing at the time of 
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the incident; 
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(d) How the incident occurred; 
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(e) The body part involved in the exposure incident; 
3 


• 
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(f) If the sharp had engineered sharp injury protections, whether the 
2 
protective mechanism was activated, and whether the injury occurred beforel 
3 
the protective mechanism was activated, during the activation of the 
4 
mechanism, or after activation of the mechanism, if applicable; and whether 
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the employee received training on how to use the device before use, and a 
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brief description of the training. 
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(g) If the sharp had no engineered sharps injury protections, the injured 
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employee's opinion as to whether and how such a mechanism could have 
9 
prevented the injury, as well as basis for the opinion; and 
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(h) The employee's opinion about whether any other engineering, 
II 
administrative, or work practice control could have prevented the injury as 
12 
well as the basis for the opinion. 
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(E) Training. - A requirement that all direct care health care workers shall be provided 
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adequate training on the use of all needleless systems and sharps with engineered sharps injury 
15 
protections which they may be required to use. 
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SECTION 5. Clearing House on Safer Needle Technology. -
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(A) In General. -
The Department of Health and the Department of Labor and 
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Employment shall establish and maintain a national database on existing needleless systems and 
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sharps with engineered sharps injury protections. 
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(B) Evaluation Criteria. - The Secretary of Health and the Secretary of Labor and 
I 
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Employment shall develop a set of evaluation criteria for use by employers, employees, and 
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other persons when they are evaluating and selecting needleless systems and sharps with 
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engineered sharps injury protections, 
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(C) Training. - The Secretary of Health and' the Secretary of Labor and Employment 
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shall develop a model training curriculum to train employers, employees, and other persons on 
26 
the process of evaluating needleless systems and sharps with engineered sharps injury protection 
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and shall, to the extent feasible, provide technical assistance to persons who request such 
28 
assistance, 
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• 
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CD) Monitoring. - The Secretary of Health and the Secretary of Labor and Employment 
2 
shall establish a national system to collect comprehensive data on needlestick injuries to health 
3 
care workers, including data mechanisms to analyze and evaluate prevention interventions in 
4 
relation to needlestick injury occurrence. In carrying out its duties under this paragraph, the 
5 
Department of Health and the Department of Labor and Employment shall have access to 
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information recorded by employers on the sharps injury log as required by Section 4. 
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SECTION 6. Appropriation. - To carry out the provisions of this Act, such amount as 
8 
may be necessary is hereby authorized to be appropriated from the National Treasury. 
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Thereafter, the amount necessary for the continuous operation of the Act shall be included in the 
I 
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armual appropriation of the Department of Health and the Department of Labor and 
II 
Employment. 
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SECTION 7. Separability Clause. - If any provision or part hereof is held invalid or 
13 
unconstitutional, the remainder of the law or the provision not otherwise affected shall remain 
14 
valid and SUbsisting. 
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SECTION 8. Repealing Clause. - Any law, presidential decree or issuance, executive 
16 
order, letter of instruction, administrative order, rule, or regulation contrary to or is inconsistent 
17 
with the provision of this Act is hereby repealed, modified, or amended accordingly. 
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SECTION 9. EffectiVity Clause. - This Act shall take effect fifteen (15) days after its 
19 
publication in at least two (2) newspapers of general circulation. 
Approved, 
5