16 regulation of the Federal Minister for labour, Social Affairs and consumer protection to the protection of workers against injuries caused by sharp or pointed medical instruments (regulation of needle-stick - NastV)
On the basis of §§ 3, 4, 5 and 7, § 8 para 2, sections 12 and 14, article 15, para. 3, articles 33 and 35, sections 41 to 43 and section 60, subsection 2 and § 61 para 1 of the Federal Act on safety and health at work (employee - after), Federal Law Gazette No. 450/1994, as last amended by Federal Law Gazette I no. 50 / 2012, is prescribed:
Scope of application
1. (1) this Regulation applies to workplaces and foreign jobs in the sense of the after in the areas of the hospital and health services (such as health and spas, outpatient clinics, medical and dental surgeries, blood or plasma establishments, rescue services, ambulance services, nursing facilities, facilities for psychosocial care or addiction fighting, the mobile health-care jobs or mobile care), veterinary, as well as in laboratories, when workers at risk , hurting himself with sharp or pointed medical instruments.
(2) Regulation biological agents - VbA, Federal Law Gazette II No. 237/1998, remains unaffected.
(3) If an employer hire Subunternehmer/innen (such as laundry, cleaning, and waste disposal services), they must take measures (such as E.g. information, messages, warnings, instructions or other suitable measures), also with regard to their workers this regulation comply.
Definitions and principle
2. (1) sharp or pointed medical instruments in the sense of this regulation are equipment to carry out certain medical activities, which cut, Pierce and can cause personal injury or infections (E.g. needlestick).
(2) that in sections 3 to 6 of this regulation laid down protective measures be based on the principle never to assume that there is no risk.
Determination and assessment of risks and defining measures
§ 3 (1) the identification and assessment of the hazards of sharp or tip medical instruments are all situations to capture, in which injuries and contact with blood, other potentially infectious agents or other harmful substances can occur.
(2) this technology, work organisation, work organisation, working conditions, skill level, work-related psychosocial factors and the influence of factors are taken into account working environment.
(3) in this way, it is to determine whether and how the facilities of the working environment and the organisation of work processes can be improved to avoid exposures or eliminated and what alternative systems in question.
(4) on the basis of this discovery and assessment, the measures of prevention, taking into account the criteria referred to in paragraph 2 and of the principles of section 7 are systematically to plan after and establishing safe working arrangements.
Work procedures are § 4 (1) to ensure that the risk of injury and infection will be prevented or at least minimized, and expositions are avoided.
(2) If a risk of injury or infection due to sharp or pointed medical instruments, arises from the identification and assessment of hazards VbA are, in addition to article 5, to take the following measures:
1. the use of sharp medical instruments is changing the procedures to avoid and medical instruments with built-in security and protection mechanisms available to make, as well as to provide, if not the determination and assessment of risks has revealed that no suitable medical instruments with built-in security and protection mechanisms are available for a specific activity for their use are , an equivalent result can be achieved with them.
2. refit of the protective cap on the used needle is prohibited.
3. There are to determine safe procedures for handling and disposing of sharp medical instruments and to implement. For the disposal of such instruments they are, as close as possible to the areas where can be used or found, to provide clearly marked containers in sufficient numbers that are sufficiently keyword - and unbreakable, leakproof, firmly closed and opaque.
Information and instruction
§ 5 (1) when the information and the training of workers (sections 12 and 14 after) including the following content are to cover:
1. the proper use of sharp medical instruments with built-in protective mechanisms, 2. risks relating to injuries caused by sharp or tip medical instruments and thus possible contact with blood or other potentially infectious materials or other hazardous substances, 3. protection measures taking into account the usual workplace practices, including basic protection measures, safe work procedures, correct usage and disposal procedures, meaning a possible vaccination , 4. reporting and notification procedure pursuant to § 6 paragraph 1, measures to be taken 5. in case of infringement pursuant to section 6 para 2, 6 the procedure according to § 4 para 2 No. 3.
(2) this information and training of workers, including any full-service commercial workers, must be carried out prior to commencement of the activity and must be repeated at regular intervals. These margins are on the basis of the results of the investigation and assessment of threats to set.
(3) in addition, an employer establishing a risk awareness proven prevention and reporting procedures have (§ 6 para 1) to promote, in cooperation with the prevention professionals and the safety supervisor or staff bodies to develop awareness-raising measures, to prepare information material and to provide information on existing support programs.
Reporting procedures and follow-up
Section 6 (1) an employer must a procedure set that ensures that workers systematically every injury or infection by sharp or tip medical instruments and any event that would have resulted in almost an injury or infection due to sharp or pointed medical instruments, in accordance with § 15 para 5 and 6 after immediately the appropriate supervisor or otherwise competent persons report. This reporting system is to integrate that it represents an accepted and common procedures in the operations.
(2) an employer must that in case of injury or sharp or pointed medical instruments necessary to the care of injured workers (such as assessment of the risk of infection, post-exposure prophylaxis and follow-up, if this is indicated for medical reasons) to scientifically recognised rules set.
(3) in the event of any breach by sharp or tip medical instruments, employers have to check whether a notification to the competent institution of the accident insurance according to § 363 is ASVG or comparable Austrian legislation to reimburse.
§ 7 (1) this regulation is the directive of the Council 2010/32/EU on the implementation of the framework agreement concluded by HOSPEEM and EPSU to prevent injuries by sharp instruments in the hospital and healthcare sector, OJ No. L 134, S. implemented 66 by June 1, 2010.
(2) in accordance with section 95, paragraph 1, after determined that no exception by ruling is allowed by the provisions of this regulation.
(3) this Regulation shall enter into force 11 may 2013.