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SIXTEENTH CONGRESS ) > RECEIVED @\
REPUBLIC OF THE PHILIPPINES ) Saar a)
First Regular Session )

HOUSE OF REPRESENTATIVES

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

House BillNo. 331.4

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 shail 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 billis eamestly sought

RUFUS B. RODI EZ

MW

MAXIMO B, RODRIGUEZ, JR.


SIXTEENTH CONGRESS
REPUBLIC OF THE PHILIPPINES A
First Regular Session

HOUSE OF REPRESENTATIVES

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

House Bill No, 830.32

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 - Itis 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 -

(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

(li) 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) “Needleless System” means device that does not use needles for -

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

(li) the administration of medication or fluid; and

(iiljany 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:

(j) “Sharp Injury Log’ means a written or electronic record satisfying the
requirements of section 4(33)(2),

SEC 4, Requirements -
(A) Blood bome 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 needieless 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 needleless systems and sharps with engineered
sharp 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
needieless 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.

(B) Standard Content - For carying 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 identifying and selecting existing needieless
system and sharps with engineered sharps injury protections and other methods of
Preventing blood bome 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;

(li) 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 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.
(vi) 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;
vili) 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 needieless
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 needie 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,