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THIRTEENTH CONGRESS OF THE REPUBLIC) 
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OF THE PHILIPPINES 
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First Regular Session 
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Section 
shall protect the 
Introduced by Senator Miriam Defensor Santiago 
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18. The State affirms labor as a primary social economic force. It 
rights of workers and promote their welfare; 
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EXPLANATORY NOTE 
Considering the important role of health workers in keeping our citizens healthy, the 
legislature needs to pass measures that will protect them form occupational health risks that will 
endanger their lives. 
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~ Introduced by Senator Miriam Defensor Santiago 
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AN ACT 
TO REQUIRE THE SECRETARIES OF HEALTH AND LABOR TO 
ISSUE REGULATIONS TO ELIMINATE OR MINIMIZE THE SIGNIFICANT RISK 
OF NEEDLESTICK INJURY TO HEALTH CARE WORKERS 
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Congvess assembled: 1 
Be it enacted lby the Senate and the House of Representatives of the Philippines in 
SECTION 1. Short Title. - This Act shall be known as the “Health Care Worker 
Needlestick Preventio Act.” 
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SECTION 2. Declaration of Policy. -It is the policy of the,State to: 
(I) pro ect and promote the right of health of the people and instill health 
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consciousness 
ong them; and 
Harmonizing i e s e  two policies, the State clearly has the role of protecting the health of 
the people, parc;icUlarly the workers, in specific job-related risks. 
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(2) protect the rights of workers and promote their welfare. 
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SECTION 3. De$nitions. -For purposes of this Act, the term: 
(I) “Bloodborne pathogens” means pathogenic microorganisms that are present in 
human blood &d can cause disease in humans. These pathogens include hepatitis B 
virus, hepatitis ,C virus, and human immunodeficiency virus; 
(2) “Contaminated” means the presence of the reasonably anticipated presence of 
blood or other potentially infectious materials on an item or surface; 
(3) “Direct care health care worker” means an employee responsible for direct 
patient care with potential occupational exposure to sharps related injuries. 
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(4) “Employer” 
SECTION 4. Requirements. - 
(1) BLOODBORNE PATHOGENS STANDARD - 
(a) IN GENERAL - Except as provided in paragraph @), the Secretary of Health 
and the Secretary of Labor, shall prescribe the bloodborne pathogens standard to require 
that - 
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means each employer having an employee with occupational exposure to 


ti) employers utilize needleless systems and sharps with engineered sharps 
injury protections in their work sites to prevent the spread of bloodborne 
pathogeps; and i 
methods of 
(ii) to assist employers in meeting the requirement of subparagraph (a), 
preventing bloodborne pathogens exposure. 
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non-ma agerial direct care health care workers of employers participate in the 
identification and evaluation of needleless systems 
~ and sharps with engineered 
sharps injury protections. 
(b) EXCEPTION - The bloodborne pathogens standard requirements of 
paragraph (a) shall apply to any employer, except where the employer demonstrates, to 
the Secretary's 'satisfaction, that - 
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(i) there are circumstances in the employer's work facility in which the 
needleless systems 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 
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(ii) the needleless systems and sharps with engineered sharps injury 
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protections required are not commercially available to the employer. 
(2) STANDAh CONTENT - For carrying out the requirement of subsection (l)(a) for 
needless systems and iharps with engineered sharps injury protections, the amendment required 
by subsection (I) shall :include the following: 


(3) the procedure that the exposed employee was performing at the 
ime of the incident; 
(4) how the incident occurred; 
(5) the body part involved in the exposure incident; 
(6) if the sharp had engineered sharp injury protections - 
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(6.a) whether the protective mechanism was activated, and 
whether the injury occurred before the protective mechanism was 
activated, during the activation of the mechanism, or after 
activation of the mechanism, if applicable; and 
(6.b) whether the employee received training on how to use 
the device before use, and a brief description of the training. 
(7) 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 basis for the opinion; and 
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(8) 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. 
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(C) TRfdNING - 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 s h q s  injury protections which they may be required to use. 
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Clearing House on Saf& Needle Technology - 
(1) 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. 
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(2) EVALUA ‘ION CRITERIA - The Secretary of Health and the Secretary of Labor and 
Employment shall develop a set of evaluation criteria for use by employers, employees, and 
other persons when ihey are evaluating and selecting needleless systems and sharps with 
engineered sharps injury protections, 
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(3) TRAINING - The Secretary of Health and the Secretary of Labor and Employment 
shall develop a model training curriculum to train employers, employees, and other persons on 
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the process of evaluati' g needleless systems and sharps with engineered sharps injury protection 
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interventions in relation 
and shall (to the extent feasible) provide technical assistance to persons who request such 
assistance. 
(4) MONITOhG - The Secretary of Health and the Secretary of Labor and 
Employment shall esiablish a national system to collect comprehensive data on needlestick 
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to needlestick injury occurrence. In carrying out its duties under this 
SECTION 6. Appropriation. - To carry out the provisions of this Act, such amount as 
may be necessary is hereby authorized to be appropriated from 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. 
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SECTION 7. $?parability Clause. - If any provision or part thereof, is held invalid or 
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unconstitutional, the ieminder of the law of the provision not otherwise affected shall remain 
valid and subsisting. I 
SECTION 8. Fepealing 
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Clause. - Any law, presidential decree or issuance, executive 
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order, letter of instruction, administrative order, rule or regulation contrary to, or inconsistent 
with, the provisions o$ 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 
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publication in at least 
(2) newspapers of general circulation. 
Approved. 
FN: 1674