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Third Session, Thirty-Eighth Legislature

This version is based on the printed bill that was distributed in the Legislature after First Reading.   It is not the official version.   If accuracy is critical, you can obtain a copy of the printed bill from Statutory Publications.

Bill 23

THE WORKPLACE SAFETY AND HEALTH AMENDMENT ACT (NEEDLES IN MEDICAL WORKPLACES)


Explanatory Note

(Assented to                                         )

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

C.C.S.M. c. W210 amended

1

The Workplace Safety and Health Act is amended by this Act.

2

The following is added after section 45 and before the centred heading "GENERAL PROVISIONS":

NEEDLES IN MEDICAL WORKPLACES

Use of safety-engineered needles

45.1(1)

When hollow-bore or intravenous needles are used in a medical workplace, the employer must ensure

(a) so far as is reasonably practicable, that workers use only safety-engineered needles; and

(b) that safe work procedures and practices relating to the use of those safety-engineered needles are implemented in the workplace.

If safety-engineered needles not practicable

45.1(2)

If it is not reasonably practicable to use safety-engineered needles in a medical workplace, the employer must ensure that safe work procedures and practices relating to the use of hollow-bore or intravenous needles are implemented in the workplace.

Procedures — needlestick injuries

45.1(3)

The employer must develop procedures to be followed in a medical workplace when a worker suffers a needlestick injury, including instructions for the worker suffering the injury.

Investigation and report required

45.1(4)

The employer must investigate and prepare a report on every needlestick injury to a worker in a medical workplace.

Definitions

45.1(5)

The following definitions apply in this section.

"medical workplace" means

(a) a hospital, a personal care home, a psychiatric facility, a medical clinic, a medical laboratory, a community health centre and CancerCare Manitoba;

(b) a physician's office;

(c) if prescribed by regulation, a registered dentist's office;

(d) an ambulance as defined in The Ambulance Services Act; and

(e) any other workplace where physical or mental health treatment or care is provided to a person. (« lieu de travail en milieu médical »)

"needlestick injury" means an injury caused by a hollow-bore or intravenous needle puncturing a person's skin or mucous membrane. (« blessure par piqûre d'aiguille »)

"safety-engineered needle" includes a shielded needle device, a retractable needle system and a needleless device. (« seringue conçue en vue d'un usage sécuritaire »)

Coming into force

3

This Act comes into force on January 1, 2006.

Explanatory Note

This Bill requires medical workplaces to protect workers by ensuring that safety-engineered needles — such as shielded needle devices or retractable needle systems — are used whenever possible.  In addition, they must implement safe work procedures and practices relating to the use of needles.