EIGHTEENTH CONGRESS ‘|
REPUBLIC OF THE PHILIPPINES )
First Regular Session )

HOUSE OF REPRESENTATIVES

“Introduced by Representative Rufus B. Rodriguez

House Bill No. 2755~

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

neediestick 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 bills earnestly sought

RUFUSA: EZ


EIGHTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES )
First Regular Session )

HOUSE OF REPRESENTATIVES

Introduced by Representative Rufus B. Rodriguez
2755

House Bill No.

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 Injury 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
biood or other potentially infectious materials on an item or surface:
(d) “Direct Care Health Worker” means an empioyee 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 biood 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) 2 physical attribute built into any other type of needle device, or
into @ nor-needie 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 fiuid; and
(iil)any other procedure invoiving 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 shail
prescribe the blood bore 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 bome pathogens
and

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

protections

(2) Exception - The blood bome 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 carrying out the requirement of subsection (A)(1) for needleless
systems and sharps with engineered sharps injury protections, the amendment required by
subsection (A) shail include the following:

(1) Exposure Control Pian - The employer shail 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:

(ii) department or work area where the exposure incident occurred:

(iil) the procedure that the exposed empioyee 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 shali be provided
adequate training on the use of all needieless systems and sharp with engineered sharp
injury protections which they may be required to use.

SEC §. National Clearinghouse on Safer Needie Technology -
(a) In General - The Department of Health and the Department of Labor and

Employment shall establish and maintain a national database on existing needieless

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, inciuding 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 Empioyment 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