FAQs

Needlestick injury prevention frequently asked questions:

 
What if a safety-engineered option is not available for the medical device that I use?
If there is no safety-engineered device available for a certain procedure, you are not required to use anything new. However, employers must implement work practice controls and, if exposure risks remain, must provide protective gear. Employers also must inquire as to the availability of safety devices each year, and document that fact in the Exposure Control Plan. If a safer device is available, but back ordered or delayed, this must be documented in the Exposure Control Plan. You must implement the device(s) as soon as it becomes available, and then document that fact.
What is the OSHA fine, if we fail to use safety devices?
Noncompliant, and missing posting requirement: up to $7,000 Willful and repeat offense: up to $70,000 Falsifying records: up to $10,000 and/or 6 month in jail.
Does the 'Needlestick Act' apply to me?
The Act applies to all employers who have employees with reasonably anticipated occupational exposure to blood or other potentially infectious materials (OPIM). This includes physician offices, medical clinics, nursing homes, home care facilities, surgery centers and hospitals. As long as there is an employee in the practice who has the potential of incurring an exposure to blood or OPIM, even if they are not the one using the device, the practice must be in full compliance.
How does the law's revision affect states that operate their own federally-approved occupational safety and health programs?
States with state OSHA programs were required to adopt the revised standard by Oct. 18, 2001. States may choose to implement their own, more stringent standards independently of the Needlestick Act.
Does OSHA have a list of available safer medical devices?
No. OSHA does not approve or endorse any product.
We have tried safety-engineered devices, and we don't believe they are safer than what we use today. Do we still need to convert to safety products?
This judgment is likely to be challenged, since OSHA has already collected data from across the country demonstrating that safety-engineered devices do effectively reduce needlesticks. Deciding not to use safety devices needs to be based on clinical justifications that are clearly documented in the Exposure Control Plan. In the absence of such clinical evidence, employers are expected to adopt safety devices.
We feel safety-engineered devices cost too much. Is it acceptable if we delay conversion until the price comes down?
No. Before passing the Needlestick Act, OSHA conducted an industry-wide cost/benefit analysis and concluded that the use of safety medical devices was beneficial due to the reduction in the expenses associated with testing and treating injured healthcare workers. For example, it can cost upwards of $500,000 to $1 million to treat a single worker who contracts hepatitis C or HIV.
Is the use of a needle destroyer/pulverizer considered an acceptable alternative to using safety-engineered device?
No. Needle destroyer/pulverizers as well as sharps collectors facilitate the safe disposal of used needles, but they do not provide any protection from the risk of a needlestick during product use, which is when most needlesticks occur.
We have placed a box of safety product on the shelf to use for select, high-risk situations. Does this make us compliant with the new safety legislation?
No. The legislation requires health-care employees to use safety devices in ALL cases where safer medical devices are available.
What if we've never had anyone on our staff experience a needlestick injury, must we still convert to safety devices?
Yes. OSHA standards are intended to prevent occupational injuries and illnesses.
What is the position of key healthcare professional organizations on this safety legislation?
The American Medical Association supports the updated Bloodborne Pathogen Standard and the need to prevent needlestick injuries. Furthermore, as of Apr. 1, 2002, the Joint Commission on the Accreditation of Healthcare Organizations (JCAHO) requires full compliance with the new Bloodborne Pathogen Standard, including the use of safety devices, in order to receive accreditation.
What information do I need to include in my written Exposure Control Plan? How often do I need to update it?
In addition to what is already required by the 1991 standard, the revised standard requires the documentation of annual consideration and implementation of appropriate engineering controls, and solicitation of non-managerial workers in evaluating/choosing safety devices.The plan must be reviewed and updated every year.
Why do we need to use safety syringes?
Recapping and disassembling needles are the most frequent cause of needlestick injuries, which can transmit viruses and other diseases. According to the reports from OSHA and the CDC, using a safety device could prevent eighty percent, of approximately 1 million annual sharps injuries. Infectious diseases often result from needlestick injuries when recapping or disassembling needles.
Does the Needlestick Safety and Prevention Act apply to medical or dental offices that have fewer than 10 employees?
Yes, the Needlestick Safety and Prevention Act applies to all employers with employees who have occupational exposures, regardless of how many workers are employed. However, workplaces with 10 or fewer employees are exempt from recording and maintaining a Sharps Inquiry Log. All other applicable provisions of the Bloodborne Pathogens Standard still apply.
Do any laws require the use of safety syringes?
"NEEDLESTICK SAFETY AND PREVENTION ACT" signed by President Bill Clinton on November 6, 2000 marks the end for unsafe conventional syringes and devices and brings better protection for healthcare workers. The time is coming for a revolution in syringe products worldwide. This trend is spreading from the USA to Europe, from Japan to Australia, and from South Africa to India.
How does the DuoProSSTM- Retractable Safety Syringe work?
After the injection, the needle is withdrawn from the patient's body; pull the plunger backward till you feel an obvious stop. Then snap the plunger. The needle remains inside the barrel.
Can I change or remove the needle on the DuoProSSTM- Retractable Safety Syringe?
Yes, theBak'snap™- Retractable Safety Syringe uses a standard luer-lock tip needle, which allows healthcare workers to change to the proper needle for different usages, or to combine the safety syringe with other safety devices such as IV sets.
Can the DuoProSS™- Retractable Safety Syringe be reused?
No, theDuoProSS™- Retractable Safety Syringe is an auto-disable syringe. The mechanism is destroyed when the injection is completed when the plunger automatically locks onto the needle base. This function prevents the reuse of the syringe.
Is the DuoProSS™- Retractable Safety Syringe a latex free product?
Yes. The DuoProSS™- Retractable Safety Syringe is a latex free product, which does not expose the user to the risk of Type I and Type IV allergies.