Health and Safety Legislation

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STATUTORY RULES OF NORTHERN IRELAND

2013 No. 108 HEALTH AND SAFETY The Health and Safety (Sharp Instruments in Healthcare) Regulations (Northern Ireland) 2013 Made 18th April 2013 11th May 2013

Coming into operation -

The Department of Enterprise Trade and Investment(a),being the Department concerned(b) makes the following Regulations in exercise of the powers conferred by Articles 17(1) and (2)(c) and 55(2) of, and paragraphs 1(1), 7(1), 13, 14(1), 15 and 19 of Schedule 3 to, the Health and Safety at Work (Northern Ireland) Order 1978(d)(“the 1978 Order”). The Regulations give effect without modifications to proposals submitted to it by the Health and Safety Executive for Northern Ireland under Article 13(1A)(e) of the 1978 Order after the Executive had carried out consultations in accordance with Article 46(3)(f) of the 1978 Order. Citation and commencement 1. These Regulations may be cited as the Health and Safety (Sharp Instruments in Healthcare) Regulations (Northern Ireland) 2013 and shall come into operation on 11th May 2013. Interpretation 2. In these Regulations— “healthcare contractor” means an employer whose main activity is not the management, organisation or provision of healthcare, but who provides services under contract to a healthcare employer; “healthcare employer” means an employer whose main activity is the management, organisation and provision of healthcare; “injury” includes infection; “medical sharp” means an object or instrument necessary for the exercise of specific healthcare activities, which is able to cut, prick or cause injury;

(a) Formerly the Department of Economic Development; see S.I. 1999/283 (N.I. 1), Article 3(5); that Department was formerly the Department of Manpower Services; see S.I. 1982/846 (N.I.11), Article 3 (b) See Article 2(2) of S.I. 1978/1039 (N.I. 9) (c) Article 17 shall be read with S.I. 1992/1728 (N.I.17), Articles 3(2) and 4(2) (d) S.I. 1978/1039 (N.I. 9); the general purposes of Part II referred to in Article 17(1) were extended by S.I. 1992/1728 (N.I. 17), Articles 3(1) and 4(1). Article 55(2) was amended by S.I. 1998/2795 (N.I. 18), Article 6(1) and Schedule 1, paragraph 19 (e) Article 13(1A) was substituted by S.I. 1998/2795 (N.I. 18), Article 4 (f) Article 46(3) was amended by S.I. 1998/2795 (N.I. 18), Article 6(1) and Schedule 1, paragraphs 8 and 18

“registered medical practitioner” means a fully registered person within the meaning of the Medical Act 1983 who holds a licence to practise under that Act(a); “safer sharp” means a medical sharp that is designed and constructed to incorporate a feature or mechanism which prevents or minimises the risk of accidental injury from cutting or pricking the skin; “territorial sea” means the territorial sea of the United Kingdom adjacent to Northern Ireland and “within the territorial sea” includes on, over and under it. Application of requirements to employers 3.—(1) The requirements imposed by these Regulations on an employer apply to— (a) a healthcare employer; and (b) a healthcare contractor whose employees, or other persons who work under the healthcare contractor’s supervision and direction, are exposed to a risk of injury from medical sharps in relation to the provision of services to a healthcare employer. (2) A requirement imposed by these Regulations on an employer that applies in relation to that employer’s employees also applies, so far as is reasonably practicable, in relation to any other person who is not an employee of that employer but who works under that employer’s supervision and direction. Application of requirements to healthcare contractors 4.—(1) The requirements imposed by these Regulations on a healthcare contractor apply only in relation to work— (a) on a healthcare employer’s premises; or (b) under the authority of a healthcare employer. (2) The requirements imposed by these Regulations on a healthcare contractor apply only to the extent that the healthcare contractor controls— (a) a...
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