BILL NO. 175

(as introduced)

1st Session, 59th General Assembly
Nova Scotia
54 Elizabeth II, 2005

Private Member's Bill

Needle Safety Act

H. David Wilson
Glace Bay

First Reading: April 27, 2005

Second Reading:

Third Reading:

Be it enacted by the Governor and Assembly as follows:

1 This Act may be cited as the Needle Safety Act.

2 In this Act,

(a) "employee" means an employee as defined in the Occupational Health and Safety Act;

(b) "employer" means an employer as defined in the Occupational Health and Safety Act;

(c) "health and safety representative" means a health and safety representative selected under the Occupational Health and Safety Act;

(d) "joint health and safety committee" means a joint health and safety committee established under Section 29 of the Occupational Health and Safety Act or a similar committee or arrangement, program or system in which employees participate;

(e) "medical sharp" means a needle device or any non-needle sharp used for withdrawing body fluids, accessing an artery or vein, administering medications or other fluids, or any other use resulting or likely to result in parenteral contact;

(f) "parenteral" means a route of entry that is through the skin or mucous membrane, and includes subcutaneous, intramuscular and intravascular routes of entry;

(g) "prescribed" means prescribed by the regulations;

(h) "safety-engineered medical sharp" means a medical sharp with a built-in safety feature or mechanism that eliminates or minimizes the risk of accidental parenteral contact, as approved by Health Canada.

3 (1) This Act applies with respect to prescribed workplaces and classes of workplaces.

(2) This Act binds Her Majesty in right of the Province.

4 (1) In any circumstance where an employee is required to use a medical sharp, the employer of the employee shall ensure that a safety-engineered medical sharp is provided and used.

(2) Subsection (1) applies if a safety-engineered medical sharp is commercially available and appropriate for the specific task or procedure.

(3) Where more than one type of safety-engineered medical sharp is commercially available and appropriate for the specific task or procedure, an employer shall select the safety-engineered medical sharp that reduces to the greatest extent possible the likelihood of accidental parenteral contact.

(4) An employer shall consult with the joint health and safety committee or the health and safety representative, if any, for a prescribed workplace before selecting appropriate safety-engineered medical sharps.

5 (1) An employer shall ensure that any employees who are required to use a medical sharp, or who may otherwise come into accidental parenteral contact with a medical sharp, receive and participate in such instruction and training as may be developed and implemented by the employer.

(2) The instruction and training to be given under subsection (1) must provide information on

(a) risks associated with accidental parenteral contact with medical sharps;

(b) safety-engineered medical sharps and their use;

(c) workplace practices to reduce the risk of accidental parenteral contact with medical sharps; and

(d) any other information relevant to the reduction of accidental parenteral contact with medical sharps.

(3) The instruction and training to be given under subsection (1) must be developed and implemented by an employer in consultation with the joint health and safety committee or health and safety representative, if any, for a prescribed workplace.

(4) At least annually, an employer shall review, in consultation with the joint health and safety committee or health and safety representative, if any, for a prescribed workplace, the training and instruction provided to employees and the employees' familiarity with the training and instruction.

(5) The review described in subsection (4) must be held more frequently than annually if

(a) the employer, on the advice of the joint health and safety committee or health and safety representative, if any, for a prescribed workplace, determines that such reviews are necessary; or

(b) there is a change in circumstances that may affect the health or safety of employees.

6 (1) An officer appointed under the Occupational Health and Safety Act may inspect prescribed workplaces to determine whether this Act is being complied with.

(2) For the purpose of subsection (1), an officer may

(a) enter a prescribed workplace at any time without warrant or notice;

(b) require any person on the premises being inspected to produce any medical sharps and other things that are relevant to the inspection, including instruction and training materials;

(c) examine all medical sharps and other things that are relevant to the inspection, including instruction and training materials, and make copies of those materials;

(d) make inquiries of any person who is or was in a prescribed workplace.

(3) A person who is required to produce anything under subsection (2) shall, on request by the officer, produce the thing or things being requested and provide any assistance that is reasonably required by the officer, including assistance in testing a medical sharp.

(4) No person shall hinder, obstruct or interfere with an officer in the execution of the officer's duties under this Section.

7 (1) Where an officer finds that an employer is not complying with Section 4 or 5, the officer may order the employer or a person whom the officer believes to be in charge of the prescribed workplace to comply with the provision, and may require the order to be carried out immediately or within such period of time as the officer specifies.

(2) An order made under subsection (1) must indicate generally the nature of the non-compliance.

(3) An officer is not required to hold a hearing or afford to an employer or another person an opportunity for a hearing before making an order under subsection (1).

(4) An order made under subsection (1) may be appealed.

(5) Sections 67 to 70 of the Occupational Health and Safety Act apply mutatis mutandis to an appeal of an order made under subsection (1).

8 (1) No employer or person acting on behalf of an employer shall, because an employee has acted in accordance with or has sought the enforcement of this Act,

(a) dismiss or threaten to dismiss the employee;

(b) discipline or suspend the employee or threaten to do so;

(c) impose a penalty upon the employee; or

(d) intimidate or coerce the employee.

(2) Sections 45 and 46 of the Occupational Health and Safety Act apply mutatis mutandis when an employee complains that subsection (1) has been contravened.

9 (1) Every employer who fails to comply with Section 4 or 5 is guilty of an offence.

(2) Every employer or person acting on behalf of an employer who fails to comply with an order made under subsection 7(1), or who contravenes subsection 8(1), is guilty of an offence.

(3) Every person who contravenes subsection 6(3) or (4) is guilty of an offence.

10 (1) Upon summary conviction for an offence under this Act,

(a) an individual is liable to a fine of not more than twenty-five thousand dollars or to imprisonment for a term of not more than twelve months, or to both;

(b) a corporation is liable to a fine of not more than five hundred thousand dollars.

(2) In a prosecution for a failure to comply with Section 4, it is a defence for the accused to prove that every precaution reasonable in the circumstances was taken.

(3) In a prosecution for an offence under this Act, it is sufficient proof of the offence to establish that it was committed by an employee or agent of the accused, whether or not the employee or agent is identified or has been prosecuted for the offence, unless the accused establishes that the offence was committed without the knowledge or consent of the accused.

(4) Where a corporation commits an offence under this Act, any officer, director or agent of the corporation who directed, authorized, assented to, acquiesced in or participated in the violation of this Act or the regulations is guilty of the offence and is liable to the punishment provided for the offence, whether or not the corporation has been prosecuted.

(5) No prosecution under this Act may be instituted more than one year after the last act or default upon which the prosecution is based occurred.

(6) Section 81 of the Occupational Health and Safety Act applies mutatis mutandis to a proceeding or prosecution under this Act.

11 (1) The Governor in Council may make regulations

(a) prescribing workplaces or classes of workplaces with respect to which this Act applies;

(b) exempting workplaces or classes of workplaces from the application of this Act.

(2) A regulation made under subsection (1) may be general or particular in its application.

(3) The exercise by the Governor in Council of the authority contained in subsection (1) is regulations within the meaning of the Regulations Act.