EU Directive to prevent injuries and infections to healthcare workers from sharp objects such as needle sticks

Introduction

On the 10th May 2010 a Directive was introduced to prevent injuries and blood-borne infections to hospital and healthcare workers from sharp instruments such as needles.

The Directive is published in the Official Journal of the European Union. Member states, including the UK, will have until 11th May 2013 to ensure that the provisions of the Directive have been implemented into national legislation.

The Directive legislates a framework agreement on the prevention of sharps injuries in hospitals and the healthcare sector (signed in July 2009) by the Social Partners – the European Hospital and Healthcare Employers’ Association (HOSPEEM) and the European Federation of Public Service Unions (EPSU). These two bodies were recognised as European Social Partners by the European Commission in 2006.

What is the purpose of the Directive?

In summary the aims are:

To achieve the safest possible working environment
To prevent workers’ injuries caused by all medical sharps
To protect workers at risk
To set up an integrated approach establishing policies in risk assessment, risk prevention, training, information, awareness raising and monitoring
To put in place response and follow up procedures.

What are the next steps for the Health and Safety Executive?

HSE will consider:

whether we need to introduce new regulations or to amend or add to existing legislation
whether existing healthcare guidance will need to be amended or new guidelines put in place
whether other regulations, outside the remit of HSE, are relevant e.g. the Health and Social Care Act 2008

HSE will identify any gaps between the requirements of the Directive and existing national legislation, codes of practice and guidelines. Key stakeholders will be consulted for their views and input. HSE will also work with the Devolved Administrations in Scotland and Wales and with HSE Northern Ireland in order to achieve appropriate application of the Directive’s requirements across UK.

Background to the Directive

In February 2005, the European Parliament adopted a resolution on promoting health and safety in the workplace. This included a call on the European Commission to ensure Member States implemented specific preventative measures necessary to protect healthcare workers from injuries caused by needlesticks in view of the risk of infection from serious blood-borne infections, such as Hepatitis B and C and HIV.

In July 2006, the European Parliament adopted a resolution requesting that the Commission submit a legislative proposal on protecting healthcare workers from blood-borne infections due to needle stick injuries.

The European Commission sought the opinion of the EU Social Partners on whether there should be legislation to strengthen the protection of healthcare workers from blood-borne infections due to needlesticks and whether a joint initiative by the Social Partners would be appropriate.

Following this the Social Partners were invited to work together to agree a framework to prevent needlestick injuries in the healthcare sector. After consultation and a technical seminar on the issue the Social Partners informed the Commission of their intention to negotiate on a wider basis covering all types of sharp injuries and not just needlesticks.

Negotiations started in January 2009 and by the 2nd June 2009 an agreement had been reached. On the 17 July 2009 after approval from the European Commission the framework agreement was signed by the Social Partners.

As a result on 26 October the Commission published a proposal for a Directive to implement the framework agreement.

On 11 February 2010, the EU Parliament’s Employment and Social Affairs Committee adopted a Motion supporting the adoption by the Council of the proposal Directive.

On the 8th March 2010 the EU Employment and Social Affairs Ministers adopted the Directive.

Other information on the Directive

The Safer Needles Network and the Partnership for Occupational Safety and Health in Healthcare (POSHH) have agreed advice for the NHS on preparing for implementation of the sharps Directive.The advice is intended to help employers in ensuring that they are ready and compliant once UK legislation is passed. It provides guidance on the practical implementation of the Directive and should be read in conjunction with relevant national legislation and guidance.
The Royal College of Nursing has published guidance on the prevention of sharps injuries. The publication, Sharps Safety, covers the law on sharps injuries, including the European Directive and its underlying principles, as well as its requirements on health care providers.
The European Biosafety Network was established following the adoption of the new European Directive on Sharps Injuries to improve the safety of patients and healthcare and non-healthcare workers. The Network has published guidance that provides a practical toolkit to aid in the implementation of the Directive on the prevention of sharps injuries in the hospital and healthcare sector.