Stitch Regulation - Nastv

Original Language Title: Nadelstichverordnung - NastV

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16. Ordinance of the Federal Minister of Labour, Social Affairs and Consumer Protection for the Protection of Workers against Injuries caused by sharp or acute medical instruments (Needle Stitch Regulation-NastV)

Due to § § 3, 4, 5 and 7, § 8 para. 2, § § 12 and 14, § 15 para. 3, § § 33 and 35, § § 41 to 43 as well as § 60 paragraph 2 and § 61 paragraph 1 of the Federal Act on Safety and Health at Work (Employees ' Protection Act-ASchG), BGBl. N ° 450/1994, as last amended by the Federal Law BGBl. I No 50/2012, shall be arranged:

Scope

§ 1. (1) This Regulation shall apply to places of work and to external working places in the sense of the ASchG in the fields of hospital and health care (such as health care and health care services, ambulatories, medical and dental practices, blood or medical care). Plasma spraying facilities, emergency services, ambulances, care facilities, psychosocial care or addiction control, mobile health care or mobile care, as well as in laboratories where: there is a danger for the workers, with sharp or sharp edges, medical instruments.

(2) The Regulation on biological agents-VbA, BGBl. II No 237/1998, remains unaffected.

(3) If employers (such as: Laundry, cleaning and waste disposal services), they have to take measures (such as: information, communications, warnings, notices or other appropriate measures) in order to ensure that they comply with this Regulation with regard to their employees.

Definitions and principle

§ 2. (1) Sharp or acute medical instruments within the meaning of this Regulation are the means of carrying out certain medical activities which may cut, stab and cause injuries or infections (e.g. Injection needles).

(2) The safeguard measures laid down in § § 3 to 6 of this Regulation shall be based on the principle of never assuming that there is no risk.

Identification and assessment of the risks and the definition of measures

§ 3. (1) In the identification and assessment of the risks arising from sharp or acute medical instruments, all situations in which injuries and contact with blood, with other potentially infectious substances or with other substances, or with other substances, are to be recorded. substances that are hazardous to health.

(2) Technology, work organisation, work design, working conditions, skill levels, work-related psychosocial factors and the influence of factors in the working environment must be taken into account.

(3) In this way, it is necessary to determine whether and how the equipment of the working environment and the organisation of work processes can be improved, exposures can be avoided or eliminated, and which alternative systems are eligible.

(4) In the light of this identification and assessment, the measures to prevent risks are to be systematically planned and safe working arrangements should be laid down, taking into account the criteria set out in paragraph 2 and the principles of § 7 ASchG.

Exposure avoidance

§ 4. (1) Work procedures shall be designed in such a way as to prevent or at least minimise the risk of injury and infection and to avoid exposures.

(2) In addition to § 5 of the VbA, the following measures shall be taken from the identification and assessment of the risks of a risk of injury or infection by sharp or acute medical instruments:

1. The use of sharp or pointed medical instruments shall be avoided by amending the procedures and medical instruments shall be made available with integrated safety and protection mechanisms and shall be used for the purpose of: use, unless the identification and assessment of the risks has shown that no suitable medical instruments with integrated safety and protection mechanisms are available for a specific activity, with which: the equivalent work result can be achieved.

2. Resetting the protective cap on the used needle is prohibited.

It is necessary to establish and implement safe procedures for dealing with and for the disposal of sharp or pointed medical instruments. For the disposal of such instruments, clearly marked containers shall be provided as close as possible to the areas where they may be used or can be found, which shall be sufficiently resistant to sticking and breakage, Liquid-tight, tightly sealable and opaque.

Information and briefing

§ 5. (1) In the case of information and training of the employees (§ § 12 and 14 of the ASchG), the following contents shall also be covered in particular:

1.

the correct use of sharp or pointed medical instruments with integrated protection mechanisms,

2.

risks associated with injuries caused by sharp or acute medical instruments and thereby possible contact with blood or other potentially infectious substances or other health-related agents,

3.

protective measures taking into account the usual practices in the workplace, including basic protection measures, safe working procedures, correct use and disposal procedures and the importance of possible protective vaccination;

4.

Reporting requirements and reporting procedures in accordance with § 6 (1),

5.

measures to be taken in the event of an infringement in accordance with Article 6 (2),

6.

the procedures laid down in Article 4 (2) (3).

(2) This information and training of the workers, including any redundant workers, must be carried out prior to the commensurate of the activity and must be repeated at regular intervals. These distances shall be determined on the basis of the results of the identification and assessment of the risks.

(3) Weiters have to promote good prevention and reporting procedures (§ 6 para. 1), in cooperation with the preventive experts and the security trusts or staff organs, in order to create a danger awareness. develop awareness-raising activities, develop information material and provide information on existing support programmes.

Reporting and follow-up

§ 6. (1) Employers must establish a procedure to ensure that workers are systematically subjected to any injury or infection caused by sharp or acute medical instruments and by any event that is almost in breach or in breach of the law. In accordance with Section 15 (5) and (6) of the ASchG, infection by sharp or acute medical instruments should have been reported without delay to the competent superiors or to the persons responsible for this purpose. This notification system shall be integrated into the operational procedures in such a way as to constitute a recognised and customary procedure.

(2) Employers must take the necessary measures in the event of injuries with sharp or acute medical instruments for the care of injured workers (such as: Assessment of the risk of infection, post-exposure prophylaxis and post-examination, if this is indicated for medical reasons) according to scientifically recognized rules.

(3) In the event of a breach by sharp or acute medical instruments, employers must check whether a notification to the competent institution of the accident insurance pursuant to Section 363 of the ASVG or comparable Austrian legislation must be carried out. be reimbursed.

Final provisions

§ 7. (1) This Regulation provides for Council Directive 2010 /32/EU on the implementation of the framework agreement on prevention of sharp injuries in the hospital and healthcare sector concluded by HOSPEEM and the EGÖD, OJ L 327, 28.1.2010, p. No. OJ L 134, p.66 of 1 June 2010.

(2) In accordance with Article 95 (1) of the ASchG, it is established that the provisions of this Regulation do not allow an exception to be made by a decision.

(3) This Regulation shall enter into force on 11 May 2013.

Hundstorfer