ONTARIO REGULATION 474/07 made under the OCCUPATIONAL HEALTH AND SAFETY ACT Made: August 22, 2007

Filed: August 24, 2007 Published on e-Laws: August 27, 2007 Printed in The Ontario Gazette: September , 2007 NEEDLE SAFETY Definition 1. !n this "egulation, #sa$et%-engineered needle& means, 'a( a hollow-bore needle that, 'i( is designed to eliminate or minimi)e the ris* o$ a s*in pun+ture in,ur% to the wor*er, and 'ii( is li+ensed as a medi+al de-i+e b% .ealth /anada, or 'b( a needleless de-i+e that, 'i( repla+es a hollow-bore needle, and 'ii( is li+ensed as a medi+al de-i+e b% .ealth /anada0 App i!"tion #. 1his "egulation applies to the $ollowing $a+ilities: 20 3-er% hospital as de$ined in the Public Hospitals Act0 20 3-er% pri-ate hospital as de$ined in the Private Hospitals Act0 40 3-er% institution as de$ined in the Mental Hospitals Act0 40 .omewood .ealth /entre !n+0 P$o%i&ion of &"fet'(en)inee$e* nee* e& +. '2( 5hen a wor*er is to do wor* re6uiring the use o$ a hollow-bore needle, the emplo%er shall pro-ide the wor*er with a sa$et%-engineered needle that is appropriate $or the wor*0 '2( Subse+tion '2( does not appl% i$ the emplo%er is unable, despite ma*ing e$$orts that are reasonable in the +ir+umstan+es, to obtain a sa$et%-engineered needle that is appropriate $or the wor*0

U&e of &"fet'(en)inee$e* nee* e 4. '2( A wor*er who has been pro-ided with a sa$et%-engineered needle $or wor* des+ribed in subse+tion 4 '2( shall use the sa$et%-engineered needle $or the wor*0 '2( 7espite subse+tion '2(, the wor*er ma% use a hollow-bore needle that is not a sa$et%-engineered needle i$ he or she belie-es on reasonable grounds that, in the parti+ular +ir+umstan+es, the use o$ a sa$et%-engineered needle would pose a greater ris* o$ harm than the use o$ the hollow-bore needle0 '4( !n subse+tion '2(, #ris* o$ harm& re$ers to either or both o$ the $ollowing ris*s: 20 A ris* o$ harm to the wor*er or to another wor*er0 20 !$ the wor* in-ol-es the use o$ a needle on a person, a ris* o$ harm to him or her0 '4( 1he emplo%er shall de-elop, establish and pro-ide training $or wor*ers to assist them in appl%ing subse+tion '2(0 E,!eption&- e.e$)en!ie& "n* $i&/& to 0e" t0 1. '2( Subse+tion 4 '2( does not appl% i$ all o$ the $ollowing +onditions are satis$ied: 20 1he $a+ilit% is lo+ated in a part o$ 8ntario in whi+h, i0 a de+laration o$ emergen+% made under the Emergency Management and Civil Protection Act is in e$$e+t, or ii0 a situation e9ists that +onstitutes or ma% +onstitute a serious ris* to publi+ health, whether the /hie$ Medi+al 8$$i+er o$ .ealth has ta*en a+tion under se+tion 7702 o$ the Health Protection and Promotion Act or not0 20 1he emplo%er:s supplies o$ sa$et%-engineered needles appropriate $or the wor* ha-e been e9hausted0 40 1he ris* o$ harm $rom postponing the wor* until a sa$et%-engineered needle appropriate $or the wor* be+omes a-ailable is greater than the ris* o$ harm $rom using a hollow-bore needle that is not a sa$et%-engineered needle0 '2( !n paragraph 4 o$ subse+tion '2(, #ris* o$ harm& re$ers to an% or all o$ the $ollowing ris*s: 20 A ris* o$ harm to the wor*er or to another wor*er0 20 !$ the wor* in-ol-es the use o$ a needle on a person, a ris* o$ harm to him or her0 40 An immediate or potential ris* to the publi+ or to the publi+ interest0 Co..en!e.ent 2. T0i& Re)3 "tion !o.e& into fo$!e on Septe.4e$ 1- #005.
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