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Location: Ministry of Labour > About the Ministry > Consultation

Consultation Paper on Extending the Scope of the Needle Safety Regulation under the Occupational Health and Safety Act (OHSA)

Purpose of this Consultation

The Ministry of Labour (MOL) and the Ministry Health and Long-Term Care (MOHLTC) are jointly consulting on a proposal to extend the scope of the Needle Safety Regulation (O. Reg. 474/07).

The purpose of the consultation is to:

• Seek input from our stakeholders on how to implement the proposed extension of O. Reg. 474/07 to the following additional health care workplaces by April 1, 2009:
  • Long-term care homes,
  • Designated psychiatric facilities not captured in the current regulation (i.e., those that provide out-patient and other services under the Mental Health Act),
  • Laboratories and
  • Specimen collection centres; and
• Ensure that any changes to the O. Reg. 474/07 are done in consultation with industry and labour stakeholders in order to support effective implementation of the regulation, which will help prevent front-line health care workers from suffering needlestick injuries.

Needle Safety Regulation

In August 2007, the Ontario government announced a new Needle Safety Regulation (O. Reg. 474/07) under the Occupational Health and Safety Act. The new regulation mandates the use of safety-engineered needles (SENs) or needle-less systems to replace hollow-bore needles. The regulation applies only to hospitals and will come into effect September 1, 2008. To address patient care, availability and other issues, O. Reg. 474/07 provides several exceptions to the new requirement. A SEN is not required if:

• A worker determines that the use of a safety-engineered needle would pose a greater risk of harm to himself or herself, another worker or the patient than would a conventional hollow-bore needle.
• An employer is unable, despite making a reasonable effort, to obtain a safety-engineered needle that is appropriate for the work.
• An emergency is declared or a situation exists that constitutes or may constitute a serious risk to public health, an employer’s supplies of safety-engineered needles have been exhausted, and postponing work would create a greater risk of harm than the risk of using a hollow-bore needle that is not a SEN.

Needlestick injuries can transmit blood-borne diseases including Hepatitis B, Hepatitis C and HIV resulting in significant costs related to testing of injured workers and workers’ lost time. Safety-engineered needles have been designed with built-in safety features that eliminate or minimize the risk of a needle puncture to the user (e.g. hinged needle cap, retractable needle), thereby protecting health care workers from injury and exposure to blood-borne diseases.

At the time of the announcement, the government indicated its intention to consult with stakeholders on extending the requirements to long-term care homes, psychiatric facilities, laboratories and specimen collection centres in 2009 and for other health care workplaces (e.g. home care, doctors’ offices, ambulances, etc.) in 2010.

Proposal to Extend O. Reg. 474/07 to Other Health Care Workplaces

At this time, the MOL and the MOHLTC are jointly consulting on a proposal to extend the scope of O. Reg. 474/07 to long-term care homes, designated psychiatric facilities not captured in the current regulation (i.e., those that provide out-patient and other services under the Mental Health Act), laboratories and specimen collection centres. The planned effective date for the proposed changes is April 1, 2009.

How You Can Participate

Stakeholder input is an essential part of the regulatory development process. Interested parties are invited to make written submissions concerning the proposal to extend the scope of O. Reg. 474/07 and the practicality of implementing the proposal.

Please submit your comments by Friday, July 11, 2008 to:

Mail:
Needle Safety Regulatory Review
Ontario Ministry of Labour
400 University Avenue, 12th Floor
Toronto, ON M7A 1T7

Facsimile: (416) 326-7650

E-mail: needlesafety@ontario.ca

A copy of O. Reg. 474/07 can be found on the Government of Ontario’s E-laws website or at http://www.e-laws.gov.on.ca/html/regs/english/elaws_regs_070474_e.htm.