L.S. 465.11 Ordni dwar il-Prevenzjoni ta’ Ferimenti bi Xfar Jaqtgħu fi Sptarijiet u Stabbilimenti tal-Kura tas-Saħħa

(2)of the Health and Safety at Work Act; Citation. Interpretation. Amended by: XXXIII.2024. First Schedule. Cap. 646. "preventive measures" means those measures taken to prevent injury and, or transmission of infection in the provision of hospital and healthcare directly related services and activities, including the use of the safest equipment needed, based on the risk assessment and safe methods of handling the disposal of medical sharps; "sharps" means objects or instruments necessary for the exercise of specific healthcare activities, which are able to cut, prick, cause injury and, or infection; "worker" includes any person employed by an employer including trainees, students and apprentices in the hospital and healthcare sector and directly related services and activities irrespective of whether such employment is of a permanent or temporary nature; "workers’ representatives" and "workers health and safety representatives" shall have the same meaning as prescribed in the Health and Safety at Work Act and relative subsidiary legislation; Cap. 646. "workplace" includes any healthcare organisation or service in both the public or the private sectors, and every other place where health services and, or activities are undertaken and delivered, under the managerial authority and supervision of the employer. 3. The scope of this Order is to aim at achieving the safest possible working environment for health care workers by preventing injuries caused by medical sharps, including needlestick injuries, protecting all workers at risk through the establishment of policies in risk assessment, risk prevention, training, information, awareness raising and monitoring and putting in place response and follow up procedures. Scope. 1 2 [ S.L. 465.11 PREVENTION OF SHARP INJURIES IN HOSPITALS AND HEALTH CARE ESTABLISHMENTS Applicability. 4. The provisions of this Order shall apply to all workers in the hospital and healthcare sector, and all who are under the managerial authority and supervision of an employer. Duties of the employers. 5. Without prejudice to any obligations under any other law, it shall be the duty of the employer: (

1. a)to ensure the safety and health of workers in every aspect related to their work, including psycho-social factors and work organisation; (
2. b)to develop an environment where workers and their representatives are participating in the development of health and safety policies and practices; (
3. c)to ensure the provision of training on the prevention of the risk of injuries and infections from medical sharps; (
4. d)to provide the necessary resources to minimise the risk of occupationally acquired injuries or infections; (
5. e)to promote a no blame culture focusing incident reporting procedures on systemic factors rather than individual mistakes. Duties of the employees. 6. Without prejudice to any obligations under any other law, it shall be the duty of the worker: (
6. a)to take care, as far as possible, of his own safety and health and that of other persons affected by his actions at work, in accordance with their training and instructions given by his employer; (
7. b)to undertake the training offered by his employer on the prevention of the risk of injuries and infections from medical sharps; (
8. c)to make use of the resources supplied by the employer to minimise the risk of occupationally acquired injuries or infections. Responsible cooperation. 7. It shall be the responsibility of the employers, workers and workers’ representatives to work together to prevent and eliminate risks, protect workers’ health and safety, and create a safe working environment, carry out consultation regarding the choice and use of safe equipment, identifying how best to carry out training, information and awareness-raising processes. Risk assessment. S.L. 424.18. 8.

(1)Risk-assessment procedures shall be conducted by the employer in compliance with the requirements of the General Provisions for Health and Safety at Work Places Regulations, and the Protection of Workers from Risks related to Exposure to Biological Agents at Work Regulations, and without prejudice to the generality of the foregoing they shall: S.L. 424.25. (

1. a)include an exposure determination, taking into account the importance of a well resourced and organised working environment; (
2. b)take into account all situations where there is injury, blood or other potentially infectious material; PREVENTION OF SHARP INJURIES IN HOSPITALS AND HEALTH CARE ESTABLISHMENTS [ S.L. 465.11 (
3. c)take into account technology, organisation of work, working conditions, level of qualifications, work related psycho-social factors and the influence of factors related to the working environment.

(2)The aim of the risk assessment shall be to identify how exposure could be eliminated and to consider possible alternative systems. 9. Where the results of the risk assessment carried out in terms of regulation 8 reveal a risk of injuries by medical sharps and, or infection, workers’ exposure shall be eliminated by implementing the following measures: Elimination, prevention and protection. (

1. a)the specification and implementation of safe procedures for the use and disposal of sharp medical instruments and contaminated waste; such procedures shall be regularly reassessed and shall form an integral part of the measures for the information and training of workers referred to in this Order; (
2. b)the elimination of the unnecessary use of sharps by implementing changes in practice and on the basis of the results of the risk assessment, providing medical devices incorporating safety-engineered protection mechanisms; (
3. c)the banning of the practice of recapping with immediate effect; (
4. d)the placing of effective disposal procedures and clearly marked and technically safe containers for the handling of disposable sharps and injection equipment as close as possible to the assessed areas where sharps are being used or to be found; (
5. e)the prevention of the risk of infections implementing safe systems of work, by: by (
6. i)developing a coherent overall prevention policy, which covers technology, organisation of work, working conditions, work related psycho-social factors and the influence of factors related to the working environment; (
7. ii)providing the necessary training; (iii) conducting health surveillance procedures, as provided by the Protection of Workers from Risks related to Exposure to Biological Agents at Work Regulations; and (
8. f)S.L. 424.25 the use of personal protective equipment. 10.

(1)If the assessment referred to in regulation 8 reveals that there is a risk to the safety and health of workers due to their exposure to biological agents for which effective vaccines exist, then it shall be the duty of the employer to offer vaccination to the workers. Vaccination in cases of risk. 3 4 PREVENTION OF SHARP INJURIES IN HOSPITALS AND HEALTH CARE ESTABLISHMENTS [ S.L. 465.11

(2)Vaccination and, if necessary, re-vaccination shall be carried out in accordance with the schedules and recommendations established by the Superintendent of Public Health: Provided that workers shall be informed of the benefits and drawbacks of both vaccination and non-vaccination and that the vaccination is offered free of charge to all workers. Information and awareness-raising. 11. As regards sharps it shall be the duty of the employer, without prejudice to any other obligation under any other law, to take the appropriate measures to: (

1. a)highlight the different risks; (
2. b)give guidance on existing legislation; (
3. c)promote good practices regarding the prevention and recording of incidents and, or accidents; (
4. d)raise awareness by developing activities and promotional materials in partnership with representative trade unions and, or workers’ representatives; (
5. e)provide information on support programmes available. Training. Cap. 424. 12.

(1)In addition to those measures established under the Occupational Health and Safety Authority Act and its subsidiary legislation, employers shall provide the necessary training on a regular basis taking into account results of monitoring, modernisation and improvements including: (

1. a)the correct use of medical devices incorporating sharps protection mechanisms; (
2. b)induction programmes for all new and temporary staff; (
3. c)the risk associated with blood and body fluid exposures; (
4. d)preventive measures including standard precautions, safe systems of work, the correct use and disposal procedures, the importance of immunisation, according to the procedures at the workplace; (
5. e)the reporting, response and monitoring procedures and their importance; and (
6. f)measures to be taken in case of injuries.

(2)Employers shall ensure that workers are released in order to attend the training provided. Reporting. 13.

(1)The employer shall set up a procedure whereby all sharp injuries can be reported. This shall be done in consultation with the workers’ health and safety representatives.

(2)It shall be the responsibility of workers to immediately report any accident or incident involving sharps to the employer or to any other person so delegated by him. PREVENTION OF SHARP INJURIES IN HOSPITALS AND HEALTH CARE ESTABLISHMENTS 14. [ S.L. 465.11 Upon receipt of a report of an injury, the employer shall: (

1. a)immediately take the necessary steps for the care of the injured worker, including the provision of postexposure prophylaxis and the necessary medical tests where indicated for medical reasons, and the appropriate health surveillance in accordance with the Protection of Workers from Risks related to Exposure to Biological Agents at Work Regulations; (
2. b)investigate the causes and circumstances leading to the injury and record the accident or incident, taking, where appropriate, the necessary action; workers shall provide the relevant information at the appropriate time to complete the details of the accident or incident; Response and follow-up. Amended by: XXXIII.2024. First Schedule. S.L. 646.17. (
3. c)consider the need for counselling of workers, where appropriate, and guarantee medical treatment; (
4. d)maintain the confidentiality of the injured worker and the diagnosis and treatment resulting from the injury. 15. It shall be the duty of all employers to ensure compliance with the provisions of this Order. Employers’ compliance. 16. Without prejudice to the provisions of any other law, any breach of these regulations shall be deemed to be a breach of the Public Health Act and shall be subject to the penalties contained in the said Act. Offences and penalties. Cap. 465. 5