The Needlestick Safety & Prevention Act

Hundreds of thousands of health care workers in the United States suffer needlestick injuries every year. At the very least, these workers need to undergo testing to determine if they have contracted a serious or even fatal virus or disease. In a worst case scenario, a worker can die after contracting a disease from an accidental needlestick.

To protect health care workers, the federal government enacted and now enforces the Needlestick Safety and Prevention Act. The act addresses specific measures employers must take to reduce occupational exposure to blood-borne pathogens.

History

• Congress approved the Needlestick Safety and Prevention Act in November, 2000. The act updated standards set for minimizing employee exposure to blood-borne pathogens as detailed in the 1991 Occupational Safety and Health Act.

  Congress noted that annually, between 600,000 and 800,000 U.S. health care workers report accidental injuries from needles and other medical instruments referred to as "sharps."

  Hospitals and medical facilities were given until 2002 to enact the procedures that would bring them into full compliance with the act.

Purpose

• The HIV and the hepatitis B and C viruses are among the life-threatening viruses and diseases that can be spread through a contaminated needle.

  The Needlestick Safety and Prevention Act requires employers to take measures to minimize the risk of accidental pricks from contaminated needles or other sharps.

  The act applies to employers who have even a single employee whose work exposes him to blood or other infectious substances. Hospitals, health care clinics, surgery centers, physician offices, nursing homes and hospice or home care agencies are all subject to provisions in the act.

Provisions

• The Needlestick Safety and Prevention Act details specific measures employers must take to identify and evaluate the safety of various needle devices and the disposal of those devices. The act requires the use of "safer medical devices, such as sharps with engineered sharps injury protections and needleless systems."

  Employers also must get input from nonmanagerial employees as to their experiences with and assessments of needle safety devices. In other words, the people who actually use the devices and are at most risk of exposure to blood-borne pathogens actually have a say in the development of safety procedures.

  The act also requires workplaces with 10 or more employees to maintain a record of needlestick and other sharps injuries. The log information must include the instrument involved and the circumstances of occurrence. It must also protect the confidentiality of the injured employee.

Enforcement

• The Occupational Safety and Health Administration is responsible for enforcing the Needlestick Safety and Prevention Act. This is done through onsite inspections. Violators are subject to fines of up to $7,000 for each citation. Fines for blatant and "willful" violations can reach as high as $70,000.

  Full compliance with the act is required before a facility can receive accreditation through the Joint Commission on the Accreditation of Healthcare Organizations.

Considerations

• States must adhere to the minimum safety provisions set forth in the federal Needlestick Safety and Prevention Act. However, individual states may enact even stricter regulations.