Needlestick Injuries & Health & Safety Regulations

Needlestick Injuries & Health & Safety Regulations

Healthcare workers can be exposed to serious risks when injured by needles or other contaminated medical sharps. Employers have legal responsibilities to reduce these risks, provide appropriate training and ensure that suitable procedures are in place to prevent injuries.

The Health & Safety (sharp instruments in healthcare) Regulations 2013 establish specific requirements for preventing sharps injuries in healthcare settings. Alongside wider health & safety legislation these requirements may be relevant when investigating whether an employer failed to take appropriate precautions before a needlestick injury occurred.

Health & Safety (sharp instruments in healthcare) Regulations 2013

Under regulation 5, employers must take steps to avoid the use of medical sharps where reasonably practical and ensure that safer sharps are used in their place. The regulations also restrict the recapping of needles after use (putting the plastic cover back on the needle after it has been used). Employers must also provide written disposal instructions and ensure that appropriate clearly marked and secure sharps containers are positioned close to areas where medical sharps are used.

Under regulation 7, employers must record and investigate notified workplace injuries involving medical sharps and take all necessary action to prevent a recurrence. Where an injury has exposed, or may have exposed an employee to a contaminant, additional requirements apply. These include taking steps to ensure that the employee receives medical advice and treatment as soon as possible.

Further information is available from the following sources;

https://www.legislation.gov.uk/uksi/2013/645/made

Further practical guidance is available from the Health & Safety Executive (HSE)

https://www.hse.gov.uk/healthservices/needlesticks/overview.htm

Other relevant legislation;

Depending on the circumstances, these may include:

Health & Safety at Work Act 1974 – establishes general duties concerning employee health, safety and welfare including safe working arrangements, instruction, training and supervision

Management of Health & Safety at Work regulations 1999 – these require employers assess workplace risk and implement appropriate preventative and protective measures.

Control Of Substances Hazardous to Health (COSHH) – these regulations may apply where workers are exposed to hazardous agents including through contaminated sharps.

Reporting of Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR) – reporting requirements for specified workplace incidents.

Which provisions are relevant will depend on the nature of the work, the exposure and the circumstances of the incident.

Advice after a needlestick injury

The fact that an injury occurred does not, by itself, establish that an employer breached its legal duties or is liable for the resulting harm. A number of questions need to be investigated to establish the facts and whether any failures of the employer contributed to the injury.
If you believe your injury resulted from unsafe working practices, inadequate equipment or a failure to follow appropriate health and safety procedures you may wish to seek advice from a solicitor experienced in workplace personal injury claims who can help with said questions and investigations.