FOURTEENTH CONGRESS OF THE REPUBLIC 
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OF THE PHILIPPINES 
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7 , II 14- 
-7 
First Regular Session 
1 
S E N A T E  
Senate Bill No. 590 
INTRODUCED BY SEN. JINGGOY EJERCITO ESTRADA 
EXPLANATORY NOTE 
The Constitution, Article 2 provides: 
“Secfion 15. The State shall protect and promofe 
the right to health of the people and insfill health 
consciousness among them.” 
The Constitution, Article 2 further provides: 
“Section 18. The State affirms labor as a primaty 
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. 
x+d 
GGO 
JERCITO ESTRADA 
SUIQ/GGOWERCITO ESTRADA 
-Senator 


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FOURTEENTH CONGRESS OF THE REPUBLIC 
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First Regular Session 
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S E N A T E  
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Senate Bill No. 5 9 0 
INTRODUCED BY SEN. JINGGOY EJERCITO ESTRADA 
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 Tiile. - This Act shall be known as the “Health Care 
Worker Needlestick Prevention Act” 
SEC 2. Declaration of Policy- It is the policy of the State to: 
(a) protect and promote the right to health of the people and instill health 
(b) protect the rights of workers and promote their welfare. 
consciousness among them; and 
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; 
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; 
(d) “Direct Care Health Worker“ means an employee responsible for direct 
(9 “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. 
(9) “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; 
(j) “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 
(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 requirement 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 
shall prescribe the blood borne pathogens standard to require that - 


(b) the needleless systems and sharp with engineered sharp injury 
protections required are not commercially available to the employer. 
(B) Standard Content - For carrying out the requirement of subsection 
(A)(I) 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. 
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,