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Members Allied Health: Articles of Interest
Stay up-to-date on needlestick safety regulations
by Reed Tinsley, CPAAccording to the Medical Group Management Association, over 80% of the fines and citations issued by OSHA over the last 18 months have involved the Needlestick Safety Act. However, many physician offices are not aware this new legislation even exists, even though the law was passed in November 2000.
This Act applies to all employers who have employees with reasonably anticipated occupational exposure to blood or other potentially infectious materials. These employers must implement the applicable requirements set forth in the standard. Some of the new and clarified provisions in the standard apply only to health care activities, but some of the provisions, particularly the requirements to update the Exposure Control Plan and to keep a sharps injury log, will apply to non-health care as well as health care activities.
Needlestick safety provisions
On November 6, 2000, President Clinton signed into law a federal needlestick safety bill aimed at reducing the risk of health care workers from accidental needlesticks. The bill directed modifications to OSHA’s bloodborne pathogens standard to require hospitals and other health care facilities to identify and provide safer "sharps" systems, which include disposal of needles and blades.Specifically, the statute requires use of "sharps with engineered sharps injury protections." These are defined as "a non-needle sharp or needle device used for withdrawing body fluids, accessing a vein or artery, or administering medications or other fluids with a built-in safety feature or mechanism that effectively reduces the risk of an exposure incident."
Such facilities will also be required to maintain a sharps injury log. It will be more detailed than the OSHA 200 injury log, and unlike that log, the sharps log shall be recorded and maintained to protect the confidentiality of the injured employee. It also requires the employer to record the type and brand of the device involved in the accident, the work area or department where it occurred and an explanation of how the incident occurred. An employer is also required to involve health care workers in the selection of safer sharps technologies and to document that involvement in the Exposure Control Plan.
Nearly 10 years have passed since the bloodborne pathogens standard was published. Since then, many different medical devices have been developed to reduce the risk of needlesticks and other sharps injuries. These devices replace sharps with non-needle devices or incorporate safety features designed to reduce injury. Despite these advances in technology, needlesticks and other sharps injuries continue to be of concern due to the high frequency of their occurrence and the severity of the health effects.
The revision to OSHA’s bloodborne pathogens standard added new requirements for employers, including additions to the exposure control plan and keeping a sharps injury log. It does not impose new requirements for employers to protect workers from sharps injuries; the original standard already required employers to adopt engineering and work practice controls that would eliminate or minimize employee exposure from hazards associated with bloodborne pathogens. The revision does, however, specify in greater detail the engineering controls, such as safer medical devices, which must be used to reduce or eliminate worker exposure.
The Exposure Control Plan
The revision includes new requirements regarding the employer’s Exposure Control Plan, including an annual review and update to reflect changes in technology that eliminate or reduce exposure to bloodborne pathogens. The employer must:
- Take into account innovations in medical procedure and technological developments that reduce the risk of exposure (e.g., newly available medical devices designed to reduce needlesticks); and
- Document consideration and use of appropriate, commercially-available, and effective safer devices (e.g., describe the devices identified as candidates for use, the method(s) used to evaluate those devices, and justification for the eventual selection).
No one medical device is considered appropriate or effective for all circumstances.
Employee input
Employers must solicit input from non-managerial employees responsible for direct patient care regarding the identification, evaluation, and selection of effective engineering controls, including safer medical devices. Employees selected should represent the range of exposure situations encountered in the workplace, such as those in geriatric, pediatric, or nuclear medicine, and others involved in direct care of patients. OSHA will check for compliance with this provision during inspections by questioning a representative number of employees to determine if and how their input was requested.Employers are required to document, in the Exposure Control Plan, how they received input from employees.
Recordkeeping
Employers who have employees who are occupationally exposed to blood or other potentially infectious materials, and who are required to maintain a log of occupational injuries and illnesses under existing recordkeeping rules, must also maintain a sharps injury log.Sharps with Engineered Sharps Injury Protections
The new term "Sharps with Engineered Sharps Injury Protections" includes non-needle sharps or needle devices containing built-in safety features that are used for collecting fluids or administering medications or other fluids, or other procedures involving the risk of sharps injury.This description covers a broad array of devices, including:
- Syringes with a sliding sheath that shields the attached needle after use;
- Needles that retract into a syringe after use;
- Shielded or retracting catheters ; and
- Intravenous medication (IV) delivery systems that use a catheter port with a needle housed in a protective covering.
"Needleless Systems" is a new term defined as devices which provide an alternative to needles for various procedures to reduce the risk of injury involving contaminated sharps.
Reed Tinsley is a CPA health care consultant located in Houston, TX. He may be reached at (281)379-5988 or at reedt@rtacpa.com.
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