FIFTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES —)
FIRST REGULAR SESSION )

HOUSE OF REPRESENTATIVES

Introduced by Representative Rufus B. Rodriguez and
Representative Maximo B. Rodriguez, Jr.

House Bill No__ 228

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.”

“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 needlestick or 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.

RUFJS B. RODRIGUEZ

My

MAXIMO B. RODRIGUEZ, JR.


FIFTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES )
FIRST REGULAR SESSION )

HOUSE OF REPRESENTATIVES

Introduced by Representative Rufus B. Rodriguez and
Representative Maximo B. Rodriguez, Jr.

House Bill No. 2284

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 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 - \t 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 blood or other potentially infectious materials on an item or
surface;


(d) "Direct Care Health 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;

(f) “Engineered Sharps Injury Protections" means -

() @ 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

(ii) 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.

(g) “Needieless System’ means device that does not use needles for -

(i) the withdrawal of body fluids after initial venous or arterial
access is established;

(ii) the administration of medication or fluid; and

(ilijany 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) “Sharp Injury" means any injury caused by a sharp, including cuts,
abrasions, or needle sticks;

() “Sharp Injury Log” means a written or electronic record satisfying 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 sharp with
engineered sharp injury protections in their work sites to prevent the
spread of blood borne pathogens; and

(b) to assist employers in meeting the requirements of
subparagraph (a), non-managerial direct care health workers of
employers participate in the identification and evaluation of needieless
systems and sharps with engineered sharp injury protections.

(2) Exception - The blood bore 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 sharp with engineered sharp injury
protections do not promote employee safety, interfere with patient safety
or interfere with the success of a medical procedure; or

(b) the needieless systems and sharp with engineered sharp
injury protections required are not commercially available to the
employer

(8) Standard Content - For carrying out the requirement of subsection
(A)(1) for needieless 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 identifying and selecting existing
needieless system and sharps with engineered sharps injury protections and
other methods of preventing blood borne pathogens exposure.

(2) Sharp Injury Log - The employer shall maintain a separate
contaminated sharp 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;

(i) department or work area where the exposure incident
occurred;

(ili) 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 sharp 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 after 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 sharp 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;

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 workers shall be
provided adequate training on the use of all needleless systems and sharp with
engineered sharp injury protections which they may be required to use.

SEC 5. National Clearinghouse on Safer Needle Technology -

(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 sharp with engineered sharp 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 sharp 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 sharp with engineered sharp 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
sharp 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 from the
funds of the Department of Health not yet earmarked. Thereafter, the amount
necessary for the continuous operation of the Act shall be included in the
annual appropriation of the Department of Health

SEC 7. Separability Clause. - 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.