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

EXPLANATORY NOTE

(This note is not part of the Regulations)

1.  These Regulations impose duties on employers in the healthcare sector to protect employees from injuries caused by medical sharps, implementing Council Directive 2010/32/EU (OJ No. L 134, 1.6.2010) p.66 of 10 May 2010 implementing the Framework Agreement on prevention from sharp injuries in the hospital and healthcare sector concluded by HOSPEEM and EPSU. Other requirements of that Directive are implemented by existing statutory provision.

2.  Regulation 2 defines key concepts in the Regulations. “Healthcare contractors” are distinguished from “healthcare employers” to ensure that employers to whom the Regulations apply are only caught by one or other of the definitions.

3.  Regulation 3 establishes which employers the Regulations apply to. It provides that the Regulations apply to both a healthcare employer and a healthcare contractor (i.e. a subcontractor of a healthcare employer).

4.  Regulation 4(1) confines the application of requirements imposed by the Regulations on healthcare contractors to particular circumstances – i.e. work on the premises, or under the authority, of a healthcare employer. Regulation 4(2) establishes the extent to which the requirements imposed by the Regulations apply to a healthcare contractor, such that those requirements only apply insofar as the healthcare contractor is able to control the relevant activities of the relevant employee. A healthcare contractor is therefore not responsible for matters beyond the healthcare contractor’s control.

5.  Regulation 5 concerns the use and disposal of medical sharps – in particular, it provides that the use of medical sharps should be avoided so far as is possible, otherwise that ‘safer sharps’ are used where possible. It prohibits the practice of ‘re-capping’ except where required to control risk and where the risk to the employee is controlled by means of special equipment.

6.  Regulation 6 requires an employer to provide information developed in cooperation with representatives (concerning matters listed in Schedule 1) and training (on matters listed in Schedule 2) to employees at risk of injury caused by medical sharps.

7.  Regulation 7 requires an employer to record, investigate and take measures to prevent the recurrence of an injury to an employee caused by a medical sharp where notified. Employers must also take immediate steps to ensure that employees who may have been exposed to a biological agent as a result of such an injury receive medical attention and treatment, and must consider providing the employee with counselling.

8.  Regulation 8 requires employees to notify any incident at work which results in that employee suffering an injury from a medical sharp to their employer or person responsible for health and safety.

9.  Regulation 9 provides for specification of an activity within the territorial sea of the United Kingdom adjacent to Northern Ireland to which the Regulations apply.

10.  In Great Britain the corresponding legislation is the Health and Safety (Sharp Instruments in Healthcare) Regulations 2013 (S.I. 2013/645). The Great Britain Health and Safety Executive has prepared a full impact assessment of the effect that the Regulations will have on business. A copy of that assessment is available from the Health and Safety Executive for Northern Ireland, 83 Ladas Drive, Belfast, BT6 9FR. A copy of the transposition note in relation to implementation of the Directives set out in paragraph 1 can also be obtained from the Health and Safety Executive for Northern Ireland at the above address. Copies of both documents have been placed in the library of the Northern Ireland Assembly and are annexed to the Explanatory Memorandum which is available alongside these Regulations at www.legislation.gov.uk.