NINETEENTH CONGRESS                  )
REPUBLIC OF THE PHILIPPINES    )
First Regular session                            )
House Bill No. 53 2 6
EXPLANATORY NOTE
`r,ftyRECE|VE
DATE"E:Jm
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  lmmunodeficiency  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.


NINETEENTH CONGRESS                  )
REPUBLIC OF THE PHILIPPINES    )
First Regular session                            )
HOUSE OF REPRESENTATIVES
Introduced by Representative Rufus a. Rodriguez
House Bill No.  5 3 2 a
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   Ti.I/e.   -  This   Act  shall   be   known   as  the   "Hea/th   Care   Wonker
Needlestick lrtyury Prevention Act."
SEC 2. Dec/aratfon Of Po//.cy - 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. DefFn/.ti.ons - 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 8 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
(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) "Needleless 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
(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) ``Sharp  Injury"  means any  injury caused  by a  sharp,  including  cuts,  abrasions,  or
needle sticks;
ti) "Sharp Injury Log" means a written or electronic record satisfying the requirements
of section 4(33)(2).
SEC 4. Requirements -
(A) BIood borne Pathogens Standard -
(1)  ln  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  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
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    needleless   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 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  needleless  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;
(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 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.
SIC 5. National Clearinghouse on Safer Needle Technology -
(a)   ln   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 (a)(2).
SEC  6. Approprl-afi.ons - 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.   Separabi.//.fy   C/ause.   -   lf   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. Fiepea//-ng C/ause. - 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. Effect/.w-fy C/ause. -This Act shall take effect fifteen (15) days after its publication
in at least two (2) newspapers of general circulation.
Approved,