Needlestick Safety and Prevention Law Frequently Asked Questions & Answers

On November 6, 2000, the Needlestick Safety and Prevention Act was signed into law. The new compliance deadline, mandated by this law has been moved to April 18, 2001. In an effort to assist your healthcare facility in understanding and complying to the law, BD has developed the following Frequently Asked Questions.

• In short, what does the new legislation accomplish?
• Is this directive enforceable? How?
• Exactly what medical procedures require the use of "safer medical devices"?
• What are "engineering controls"?
• Is a specific product technology or brand recommended in the revised regulation?
• When does the new legislation take effect?
• So, when do I have to be in compliance?
• What do I have to do to be in compliance?
• Who has to comply?
• Are there any "loopholes" or exceptions to the use of "safer medical devices"?
• For additional information, what are the website addresses of OSHA, CDC and NIOSH?

In short, what does the new legislation accomplish?
The new legislation serves to reinforce the BBP standard preventing legal challenges to the November 5, 1999 Federal OSHA Compliance Directive.

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Is this directive enforceable? How?
Yes. It will be enforced through the traditional OSHA inspection procedures. Employers are subject to monetary fines for violating the BBP standard.
Citations can be issued for:
• Failure to have an Exposure Control Plan.
• Failure to review and implement commercially available "safer medical devices."
• Failure to include procedures for documenting exposure incidents.
• Failure to review and update plan at least annually.
• Failure to follow universal precautions.
• Failure to comply with most current CDC recommendations for post-exposure evaluation and follow-up.

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Exactly what medical procedures require the use of "safer medical devices"?
Any time a healthcare worker may be exposed to blood or other potentially infectious material, the employer must evaluate and implement safer medical devices that eliminate exposures to the lowest feasible extent.

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What are engineering controls"?
The term "engineering controls" is now defined and means controls that isolate or remove the BBP hazard from the workplace. They are described as "safer medical devices used to prevent percutaneous injuries before, during or after use through safer design features." Examples include needleless devices, shielded needle devices, blunt needles, plastic capillary tubes.

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Is a specific product technology or brand recommended in the revised regulation?
No. As OSHA states in the Compliance Directive, "OSHA does not advocate the use of one particular device over another."

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When does the new legislation take effect?
• Federal Bill HR 5178 was signed into law by President Clinton on November 6, 2000. Publication of the legislation in the Federal Register took place on January 18, 2001, resulting in an April 18, 2001 compliance date.
• Please be mindful that throughout this time and until the time the legislation takes effect, the Federal OSHA Compliance Directive of November 5, 1999 remains in effect and fines are enforceable.

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So, when do I have to be in compliance?
April 18, 2001.

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What do I have to do to be in compliance?
• Update or create a BBP Exposure Control Plan.
• Evaluate and implement "safer medical devices" where they are found to be effective in eliminating or minimizing occupational exposures. Frontline healthcare workers are to be part of the evaluation and selection process.
• Continuously monitor the effectiveness of engineering controls.
• Update employee training to include training on HCV and the use of "safer medical devices."
• Review new Compliance Directive to determine other specific changes necessary for the needs of your facility.

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Who has to comply?
Hospitals, alternate site facilities, clinical laboratories and other facilities where employees may be exposed to blood or other potentially infectious material are covered by the BBP standard. Special rules apply in home health services and to personnel service firms that supply contract workers to hospitals and other healthcare facilities.

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Are there any "loopholes" or exceptions to the use of "safer medical devices"?
There is no list of exceptions. Employers must review and consider commercially available devices to determine whether they are effective in reducing occupational exposures to the lowest feasible extent.

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For additional information, what are the website addresses of OSHA, CDC and NIOSH?
CDC and NIOSH: www.cdc.gov/niosh
Federal OSHA: www.osha.gov

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For additional information regarding the Needle Safety and Prevention Law, contact your local BD Sales Consultant.