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The OSHA regulation does not supersede stricter regulations that may exist in states
and localities. However, state legislation cannot make the federal requirements any
less stringent. JCAHO accreditation requires full compliance to the law.
Information on the Needlestick Safety and Prevention Act in this document is
sourced from the OSHA Web site and from the “Needlestick and Safety
Prevention Act: Overview and Enforcement Fact Sheet,” published by the
Health Industry Distributor’s Association.
This is not intended to provide legal advice.
If no one on our staff has experienced a
needlestick injury, must we still convert to
safety devices?
Yes. OSHA standards are intended to prevent occupational
injuries and illnesses.
We have placed a box of safety products
on the shelf to use for select, high-risk
situations. Does this make us compliant with
the new safety legislation?
No. The legislation requires employees to use safety devices
in all cases where appropriate and commercially available
safer medical devices are available.
How is OSHA enforcing this new law?
OSHA enforces the Needlestick Safety and Prevention
Act by conducting on-site inspections and issuing
fines when facilities are deemed out of compliance.
Each OSHA violation can lead to a maximum fine
of $7,000 per instance, and, willful violations can
lead to fines as high as $70,000. Failure to use a
safety product, like a safety hypodermic needle
and syringe, can lead to multiple violations.
Where can I get more information?
www.cdc.gov
www.jcaho.org
www.osha.gov
www.cdc.gov/niosh
Frequently Asked Questions
In short, what does
the legislation accomplish?
The Needlestick Safety and Prevention Act mandated
revision of the OSHA Bloodborne Pathogens Standard to
clarify the need for employers to select and use safer
medical devices, to involve employees in identifying and
choosing the devices, and, to maintain a log of injuries
from contaminated sharps.
What are safer medical devices?
“Safer medical devices” (or safety medical devices) are
used to help minimize injuries to healthcare workers
before, during or after use through safety-engineered
design features. Examples include shielded needle
devices, retracting needles and plastic capillary tubes.
When did the new legislation take effect?
• Passed unanimously by Congress and signed by the
President on Nov. 6, 2000, the Needlestick Safety and
Prevention Act mandated specific revisions of the OSHA
Bloodborne Pathogens Standard.
• These updated rules became effective in all states
in 2001.
Who has to comply?
All facilities where employees may be exposed to blood
or other potentially infectious materials, including:
• Physician ofces
• Home infusion companies
• Nursing homes
• Hospitals
• Clinical laboratories
• Other facilities where employees may be exposed to
blood or other potentially infectious materials
What do I have to do to be in compliance?
• Evaluate and implement “safer medical devices.”
Frontline healthcare workers are to be part of the
evaluation and selection process.
• Review and update your Bloodborne Pathogens
Exposure Control Plan annually.
• Monitor the effectiveness of engineering controls
on an annual basis.
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BD SafetyGlide
™
Needle
*Needlestick Safety and Prevention Act (The Act) (Pub. L. 106-430), 2001.
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Congressional Report to US General Accounting Office, GAO-01-60R Needlestick Prevention, 2000.
The Facts Behind the Act:
The High Cost of Sharps Injuries
The average costs to treat a single exposure incident ranges from $800 to $5,000.
Costs can skyrocket with chronic cases of occupationally acquired HCV, where lifelong
dialysis or organ transplants may be necessary. The lifetime cost of care may exceed $1 million.
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Indirect costs include: workers’ compensation, medical follow-up, days away
from work, reassignment of job tasks and potential patient cross-contamination.
Safety-Engineered Devices Really Work!
When properly activated, safety-engineered devices minimize the potential for exposure
to the contaminated sharp before or immediately after the sharp leaves the site of use
on the patient.
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The US Attorney General Accounting Office reported that the adoption of needles
with safety features would prevent thousands of injuries, such as HBV, HCV,
and HIV infections, each year.
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Why It’s Important for You To Achieve Safety Compliance
• The use of safety-engineered devices helps to protect you and your staff from the
transmission of diseases such as HIV and HCV. Remember, it only takes one stick;
so view safety-engineered devices as an inexpensive insurance policy!
• A safe working environment helps to retain employees and instill patient
confidence in your facility.
• Safety adoption will help you attain and retain OSHA and JCAHO compliance.
The Needlestick Safety
and Prevention Act
*
As a result of the Needlestick
Safety and Prevention Act, OSHA requires:
• Annual review and update of the Bloodborne Pathogens Exposure Control Plan
• Evaluation, selection, and use of safety-engineered medical devices to eliminate
or minimize occupational exposure
• Solicitation of input on the identication, evaluation and selection of safety
devices from nonmanagerial, frontline medical workers
• Expanded record-keeping, which includes maintaining a sharps injury log