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A | |
Bill | |
To | |
make provision about the protection from needle stick injury and resulting | |
infections of persons employed in the health care sector and of other persons | |
engaged in activities at work which carry a significant risk of such injuries and | |
infections; to establish requirements relating to the recording and publication | |
of information about such injuries and infections; to establish standards | |
relating to the supply and use of certain equipment for work which carries a | |
significant risk of such injury and infections; and for connected purposes. | |
Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and | |
consent of the Lords Spiritual and Temporal, and Commons, in this present | |
Parliament assembled, and by the authority of the same, as follows:— | |
Interpretation | |
1 Interpretation | |
(1) In this Act— | |
“the 1974 Act” means the Health and Safety at Work etc. Act 1974 (c. 37); | |
“the Assembly” means the National Assembly for Wales; | 5 |
“the CHAI” means the Commission for Healthcare Audit and Inspection; | |
“the Commission” means the Health and Safety Commission; | |
“English NHS bodies” has the same meaning as in Part 2 of the Health and | |
Social Care (Community Health and Standards) Act 2003 (c. 00); | |
“equipment” includes devices which may be used in place of needle sticks | 10 |
in use and which are designed to reduce the risk of needle stick injury; | |
“the Executive” means the Health and Safety Executive; | |
“independent hospitals”, “independent clinics” and “independent | |
medical agencies” have the same meaning as in section 2 of the Care | |
Standards Act 2000 (c. 14); | 15 |
“needle stick” means— | |
(a) a hypodermic syringe, or | |
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(b) such other type of needle for surgical or medical use as may be | |
prescribed for the purposes of this section by order made by the | |
Secretary of State; | |
“needle stick injury” means a break in the skin of a person caused by a | |
needle stick other than such a break which was caused for the purposes | 5 |
of surgical or medical treatment; | |
“Welsh NHS bodies” has the same meaning as in Part 2 of the Health and | |
Social Care (Community Health and Standards) Act 2003 (c. 00). | |
(2) For the purposes of this Act, “the health care sector” is composed of— | |
(a) English NHS bodies, | 10 |
(b) Welsh NHS bodies, | |
(c) bodies specified in section 5(4), and | |
(d) bodies specified in section 8(4). | |
Protection for work outside the health care sector | |
2 Regulations under the 1974 Act | 15 |
(1) The 1974 Act shall be amended as follows. | |
(2) After section 15 (health and safety regulations), there shall be inserted— | |
“15A Regulations relating to needle stick injury | |
(1) For the purpose of protecting persons engaged in work other than in | |
the health care sector which carries a significant risk of needle stick | 20 |
injury and resulting infections, the Commission may make regulations | |
under subsections (2) to (4). | |
(2) Regulations under this subsection may designate any trade, business or | |
other undertaking (whether for profit or not) which is not in the health | |
care sector as carrying a significant risk of needle stick injury and | 25 |
resulting infections. | |
(3) Regulations under this subsection may require a responsible person in | |
any trade, business or other undertaking designated by regulations | |
under subsection (2)— | |
(a) within a period of time specified in the regulations under this | 30 |
subsection, to report to the Executive any needle stick injury in | |
respect of which they are the responsible person, including the | |
circumstances of that injury; | |
(b) to keep a record of any infection which may have arisen from an | |
injury reportable under regulations under this subsection; and | 35 |
(c) to provide the Executive upon request with a report on the | |
content of records kept in accordance with regulations under | |
this subsection. | |
(4) Regulations under this subsection may require a responsible person in | |
any trade, business or other undertaking designated by regulations | 40 |
under subsection (2) to comply with standards specified in regulations | |
under this subsection relating to— | |
(a) the manufacture, distribution, storage and disposal of needle | |
sticks; and | |
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(b) the use of equipment which may, in the opinion of the | |
Commission, reduce the risk of needle stick injury. | |
(5) For the purposes of this section “the responsible person” means— | |
(a) in the case of an injury to an employee reportable under | |
regulations under subsection (3), his employer; and | 5 |
(b) in any other case, the person for the time being having control | |
of the premises in connection with the carrying on by him of any | |
trade, business or other undertaking designated by regulations | |
under subsection (2) at which, or in connection with the work at | |
which, the injury reportable under regulations under | 10 |
subsection (3) happened. | |
(6) For the purposes of this Act, regulations made under this section shall | |
be treated as health and safety regulations within the meaning given in | |
section 15(1).” | |
(3) After section 50 (regulations under the relevant statutory provisions), there | 15 |
shall be inserted— | |
“50A Regulations made by the Commission under section 15A | |
(1) This section applies to any power of the Commission to make | |
regulations under section 15A. | |
(2) The powers to which this section applies shall be exercisable by | 20 |
statutory instrument, and the Statutory Instruments Act 1946 (c. 36) is | |
to apply in relation to those powers as if the Commission were a | |
Minister of the Crown. | |
(3) Where an instrument made under a power to which this section applies | |
falls to be laid before Parliament, the Commission must, immediately | 25 |
after the instrument is made, send it to the Secretary of State for laying | |
by him. | |
(4) Before making any regulations under a power to which this section | |
applies, the Commission must— | |
(a) give a notice of their proposal to do so to— | 30 |
(i) the Secretary of State; | |
(ii) the National Assembly for Wales; | |
(iii) the CHAI; | |
(iv) such other bodies or persons, if any, as the Commission | |
is required to consult under this subsection by virtue of | 35 |
directions given to it by the Secretary of State; and | |
(v) such other persons representative of the persons | |
appearing to the Commission to be likely to be affected | |
by the implementation of the proposal as the | |
Commission thinks fit; | 40 |
(b) publish notice of the proposal in such manner as the | |
Commission considers appropriate for bringing it to the | |
attention of the persons who, in the Commission’s opinion, are | |
likely to be affected by it and are not given notice by virtue of | |
paragraph (a); and | 45 |
(c) consider any representations that are made to the Commission, | |
before the time specified in the notice. | |
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(5) A notice for the purposes of subsection (4) must— | |
(a) state that the Commission propose to make the regulations in | |
question; | |
(b) set out the general effect of the regulations; | |
(c) specify an address from which a copy of the proposed | 5 |
regulations may be obtained; and | |
(d) specify a time before which any representations with respect to | |
the proposal must be made to the Commission. | |
(6) The time specified for the purposes of subsection (5)(d) must be a time | |
before the end of the period of one month beginning with the day after | 10 |
the latest day on which the notice is given or published for the purposes | |
of subsection (4). | |
(7) Every power of the Commission to which this section applies includes | |
power— | |
(a) to make provision subject to such exemptions and exceptions as | 15 |
the Commission thinks fit; and | |
(b) to make such incidental, supplemental, consequential and | |
transitional provision as the Commission thinks fit. | |
(8) The Documentary Evidence Act 1868 (c. 37) (proof of orders and | |
regulations etc.) shall have effect as if— | 20 |
(a) the Commission were included in the first column of the | |
Schedule to that Act; | |
(b) the Commission and persons authorised to act on the | |
Commission’s behalf were mentioned in the second column of | |
that Schedule.” | 25 |
3 Annual report under the 1974 Act | |
(1) The 1974 Act shall be amended as follows. | |
(2) After section 50A (which is inserted by section 2 of this Act), there shall be | |
inserted— | |
“50B Annual report of the Commission relating to needle stick injury | 30 |
(1) It shall be the duty of the Commission to make an annual report to the | |
Secretary of State relating to the performance of the functions of the | |
Commission and of the Executive under sections 15A and 50A of this | |
Act. | |
(2) Each report under this section shall contain an account of— | 35 |
(a) the incidence of needle stick injuries and infections arising from | |
such injuries derived from information provided to the | |
Executive in accordance with regulations under section 15A(3); | |
(b) compliance with regulations made under section 15A; | |
(c) any investigations or inquiries conducted under section 14 | 40 |
relating to needle stick injury; | |
(d) measures taken by the Commission and the Executive to reduce | |
the risk and incidence of needle stick injuries and infections | |
arising from such injuries. | |
(3) In preparing each report under this section, the Commission shall | 45 |
consult the CHAI and the National Assembly for Wales and shall | |
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endeavour, so far as is practicable, to co-ordinate the preparation of the | |
Commission’s report with the preparation of the reports to be made by | |
the CHAI under section 6 of the Needle Stick Injury Act 2003 and by the | |
National Assembly for Wales under section 9 of that Act. | |
(4) The first report under this section shall relate to the period beginning | 5 |
with the date on which the first regulations made under section 15A(3) | |
come into force and ending on 31 March thereafter. | |
(5) Each subsequent report under this section shall relate to a period of | |
twelve months beginning on 1 April. | |
(6) The Secretary of State shall lay before each House of Parliament a copy | 10 |
of each report made to him in pursuance of this section.” | |
(3) In paragraph 15 of Schedule 2 (annual report of the Commission), after the | |
word “functions” there shall be inserted the words “(other than the | |
Commission’s functions under sections 15A, 50A and 50B of this Act)”. | |
4 Minor and consequential amendments of the 1974 Act | 15 |
(1) The 1974 Act shall be amended as follows. | |
(2) In section 53(1) of the 1974 Act (general interpretation of Part 1), at the | |
appropriate place in alphabetical order, there shall be inserted— | |
““the CHAI” means the Commission for Healthcare Audit and Inspection; | |
“equipment” includes devices which may be used in place of needle sticks | 20 |
in use and which are designed to reduce the risk of needle stick injury; | |
“the health care sector” shall have the same meaning as in section 1 of the | |
Needle Stick Injury Act 2003; | |
“needle stick” means— | |
(a) a hypodermic syringe, or | 25 |
(b) such other type of needle for surgical or medical use as may be | |
prescribed for the purposes by order made under section 1 of | |
the Needle Stick Injury Act 2003; | |
“needle stick injury” means a break in the skin of a person caused by a | |
needle stick which was not caused for surgical or medical treatment;”. | 30 |
(3) After section 84(1) of the 1974 Act (extent), there shall be inserted— | |
“(1A) Sections 15A, 50A and 50B extend to England and Wales only.” | |
Protection for the health care sector in England | |
5 Regulations relating to needle stick injury in the health care sector in England | |
(1) For the purpose of protecting persons engaged in work in the health care sector | 35 |
in England from needle stick injury and resulting infections, the Secretary of | |
State may make regulations under subsections (2) and (3). | |
(2) Regulations under this subsection may require English NHS bodies and bodies | |
specified in subsection (4)— | |
(a) within a period of time specified in the regulations under this | 40 |
subsection, to report to the CHAI any needle stick injury for which they | |
are the responsible body, including the circumstances of that injury; | |
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(b) to keep a record of any infection which may have arisen from an injury | |
reportable under regulations under this subsection; and | |
(c) to provide the CHAI upon request with a report on the content of | |
records kept in accordance with regulations under this subsection. | |
(3) Regulations under this subsection may require English NHS bodies and bodies | 5 |
specified in subsection (4) to comply with standards specified in regulations | |
under this subsection relating to— | |
(a) the manufacture, distribution, storage and disposal of needle sticks; | |
and | |
(b) the use of equipment which may, in the opinion of the Secretary of | 10 |
State, reduce the risk of needle stick injury. | |
(4) The bodies specified in this subsection are— | |
(a) independent hospitals; | |
(b) independent clinics; and | |
(c) independent medical agencies | 15 |
for whom the CHAI is the registration authority under the Care Standards Act | |
2000 (c. 14). | |
(5) In this section “the responsible body” means— | |
(a) the body within whose premises the injury occurred, or | |
(b) (in the case of an injury which occurred in the health care sector in | 20 |
England outside premises of a body subject to regulations under | |
subsection (2)), the body having control of the work in connection with | |
which the injury occurred. | |
(6) Before making regulations under this section, the Secretary of State shall | |
consult— | 25 |
(a) the Assembly, | |
(b) the CHAI, and | |
(c) the Commission. | |
6 Annual report of the CHAI relating to needle stick injury | |
(1) It shall be the duty of the CHAI to make an annual report to the Secretary of | 30 |
State relating to the performance of the functions of the CHAI under this Act. | |
(2) Each report under this section shall contain— | |
(a) an account of the incidence of needle stick injuries and infections | |
arising from such injuries derived from information provided to the | |
CHAI in accordance with regulations under section 5(2); | 35 |
(b) an account of compliance with regulations made under section 5; | |
(c) any recommendations of the CHAI relating to measures that might be | |
taken to reduce the risk and incidence of needle stick injuries and | |
infections arising from such injuries. | |
(3) In preparing each report under this section, the CHAI shall consult the | 40 |
Commission and the Assembly and shall endeavour, so far as is practicable, to | |
co-ordinate the preparation of the CHAI’s report with the preparation of the | |
reports to be made by the Commission under section 50B of the 1974 Act and | |
by the Assembly under section 9 of this Act. | |
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(4) The first report under this section shall relate to the period beginning with the | |
date on which the first regulations made under section 5(2) come into force and | |
ending on 31 March thereafter. | |
(5) Each subsequent report under this section shall relate to a period of twelve | |
months beginning on 1 April. | 5 |
(6) The Secretary of State shall lay before each House of Parliament a copy of each | |
report made to him in pursuance of this section. | |
7 Enforcement of regulations in England | |
(1) The provisions of sections 31 and 32 of the Care Standards Act 2000 (c. 14) | |
(inspection by persons authorised by registration authority) shall apply to | 10 |
functions of the CHAI under regulations made under section 5 of this Act in | |
respect of the bodies specified in subsection (4) of that section as if those | |
functions were functions under Part 2 of that Act. | |
(2) The provisions of Chapter 2 of Part 2 of the Health and Social Care | |
(Community Health and Standards) Act 2003 (c. 00) (NHS health care: | 15 |
functions of CHAI) shall apply to functions of the CHAI under regulations | |
made under section 5 in respect of English NHS bodies. | |
(3) Regulations under section 5 may provide that a contravention of or failure to | |
comply with any specified provision of the regulations shall be an offence. | |
(4) A person guilty of an offence under the regulations shall be liable on summary | 20 |
conviction to a fine not exceeding level 4 on the standard scale. | |
(5) Proceedings in respect of an offence under regulations under section 5 shall | |
not, without the written consent of the Attorney General, be taken by any | |
person other than the CHAI. | |
(6) The provisions of section 30 of the Care Standards Act 2000 (offences by bodies | 25 |
corporate) shall apply to offences committed by a body corporate under | |
regulations under section 5 of this Act. | |
Protection for the health care sector in Wales | |
8 Regulations relating to needle stick injury in the health care sector in Wales | |
(1) For the purpose of protecting persons engaged in work in the health care sector | 30 |
in England from needle stick injury and resulting infections, the Assembly may | |
make regulations under subsections (2) and (3). | |
(2) Regulations under this subsection may require Welsh NHS bodies and bodies | |
specified in subsection (4)— | |
(a) within a period of time specified in the regulations under this | 35 |
subsection, to report to the Assembly any needle stick injury for which | |
they are the responsible body, including the circumstances of that | |
injury; | |
(b) to keep a record of any infection which may have arisen from an injury | |
reportable under regulations under this subsection; and | 40 |
(c) to provide the Assembly upon request with a report on the content of | |
records kept in accordance with regulations under this subsection. | |
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