The Health and Safety (Sharp Instruments in Healthcare) Regulations 2013

JurisdictionUK Non-devolved
CitationSI 2013/645

2013 No. 645

Health And Safety

The Health and Safety (Sharp Instruments in Healthcare) Regulations 2013

Made 18th March 2013

Laid before Parliament 21th March 2013

Coming into force 11th May 2013

The Secretary of State makes these Regulations in exercise of the powers conferred by sections 15(1) and (2) and 82(3)(a) of, and paragraphs 1(1), 8(1), 14, 15(1), 16 and 20 of Schedule 3 to, the Health and Safety at Work etc. Act 19741(“the 1974 Act”).

The Regulations give effect without modifications to proposals submitted to the Secretary of State by the Health and Safety Executive under section 11(3) of the 1974 Act.

Before submitting those proposals to the Secretary of State, the Health and Safety Executive consulted the bodies that appeared to it to be appropriate as required by section 50(3) of the 1974 Act.

S-1 Citation and commencement

Citation and commencement

1. These Regulations may be cited as the Health and Safety (Sharp Instruments in Healthcare) Regulations 2013 and come into force on 11th May 2013.

S-2 Interpretation

Interpretation

2. In these Regulations—

“healthcare contractor” means an employer whose main activity is not the management, organisation or provision of healthcare, but who provides services under contract to a healthcare employer;

“healthcare employer” means an employer whose main activity is the management, organisation and provision of healthcare;

“injury” includes infection;

“medical sharp” means an object or instrument necessary for the exercise of specific healthcare activities, which is able to cut, prick or cause injury;

“safer sharp” means a medical sharp that is designed and constructed to incorporate a feature or mechanism which prevents or minimises the risk of accidental injury from cutting or pricking the skin.

S-3 Application of requirements to employers

Application of requirements to employers

3.—(1) The requirements imposed by these Regulations on an employer apply to—

(a)

(a) a healthcare employer; and

(b)

(b) a healthcare contractor whose employees, or other persons who work under the healthcare contractor’s supervision and direction, are exposed to a risk of injury from medical sharps in relation to the provision of services to a healthcare employer.

(2) A requirement imposed by these Regulations on an employer that applies in relation to that employer’s employees also applies, so far as is reasonably practicable, in relation to any other person who is not an employee of that employer but who works under that employer’s supervision and direction.

S-4 Application of requirements to healthcare contractors

Application of requirements to healthcare contractors

4.—(1) The requirements imposed by these Regulations on a healthcare contractor apply only in relation to work—

(a)

(a) on a healthcare employer’s premises; or

(b)

(b) under the authority of a healthcare employer.

(2) The requirements imposed by these Regulations on a healthcare contractor apply only to the extent that the healthcare contractor controls—

(a)

(a) a person who uses, supervises or manages the use or disposal of medical sharps; and

(b)

(b) the activities which give rise to the risk of injury from medical sharps.

S-5 Use and disposal of medical sharps

Use and disposal of medical sharps

5.—(1) An employer must ensure that—

(a)

(a) the use of medical sharps at work is avoided so far as is reasonably practicable;

(b)

(b) when medical sharps are used at work, safer sharps are used so far as is reasonably practicable;

(c)

(c) needles that are medical sharps are not capped after use at work unless—

(i) that act is required to control a risk identified by an assessment undertaken pursuant to regulation 3 of the Management of Health and Safety at Work Regulations 19992; and

(ii) the risk of injury to employees is effectively controlled by the use of a suitable appliance, tool or other equipment;

(d)

(d) in relation to the safe disposal of medical sharps that are not designed for re-use—

(i) written instructions for employees, and

(ii) clearly marked and secure containers,

are located close to areas where medical sharps are used at work.

(2) An employer must review at suitable intervals the policies and procedures in place to meet the requirements of paragraph (1) so as to ensure that those policies and procedures remain up to date and effective.

S-6 Information and training

Information and training

6.—(1) An employer must provide each employee of that employer who is exposed to a risk of injury at work from medical sharps with information on the matters specified in Schedule 1.

(2) In complying with paragraph (1) the employer must cooperate with worker representatives in that employer’s undertaking in developing and promoting the information specified in Schedule 1.

(3) In paragraph (2), “worker representatives” means any—

(a)

(a) safety representatives within the meaning of the Safety Representatives and Safety Committees Regulations 19773; or

(b)

(b) representatives of employee safety within the meaning of the Health and Safety (Consultation with Employees) Regulations 19964.

(4) An employer must provide each employee of that employer who is exposed to a risk of injury at work from medical sharps with training on the matters specified in Schedule 2 to the extent that those matters are relevant to the type of work carried out by that employee.

S-7 Arrangements in the event of injury

Arrangements in the event of injury

7.—(1) Where an employer is notified of any incident at work in which an employee has suffered an injury from a medical sharp, the employer must—

(a)

(a) record the incident;

(b)

(b) investigate the circumstances and cause of the incident; and

(c)

(c) take any necessary action to prevent a recurrence.

(2) Additionally, where an employer is notified of any incident at work in which an employee has suffered an injury caused by a medical sharp that exposed, or may have exposed, the employee to a biological agent, the employer must—

(a)

(a) take immediate steps to ensure that the employee receives medical advice;

(b)

(b) ensure that any treatment advised by a registered medical practitioner, including post-exposure prophylaxis, is made available to the employee; and

(c)

(c) consider providing the employee with counselling.

(3) In this regulation—

(a)

(a) “biological agent” means a micro-organism, cell culture or human endoparasite, whether or not genetically modified, which may cause...

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