W. Va. Code R. § 64-82-4

Current through Register Vol. XLI, No. 36, September 6, 2024
Section 64-82-4 - Use of Needleless Systems or Other Engineering Controls
4.1. Facilities shall use needleless systems for:
4.1.a. Withdrawal of body fluids after initial venous or arterial access is established;
4.1.b. Administration of medications or fluids; and
4.1.c. Any other procedure involving the potential for an exposure incident for which a needleless system or other engineering control is available as an alternative to the use of needle devices.
4.1.d. Facilities are not required to use a needleless system, provided, that the requirements of the Occupational Exposure to Bloodborne Pathogens; Needlesticks and Other Sharps Injuries; Final Rule, 29CFR Part 1910,

www.osha-slc.gov/needlesticks/index.html [File Link Not Available] [File Link Not Available], attached hereto as appendix 1 are met;

4.1.d.1. In cases where the facility can demonstrate circumstances in which the technology does not promote employee or patient safety or interferes with a medical procedure;
4.1.d.2. In circumstances where the technology is medically contraindicated or where the facility demonstrates by means of objective product evaluation criteria that the use of the technology is not more effective than alternative measures used by the facility to prevent exposure incidents;
4.1.d.3. In cases where the employer shows that no needleless systems or engineered sharps injury protection devices are available in the marketplace for a medical procedure because of limits in supply or in technology;
4.1.d.4. In circumstances in which the employer shows that sufficient information is not available on safety performance of needleless systems or sharps devices with engineered protection available in the marketplace and the employer is actively evaluating the devices;
4.1.d.5. In circumstances in which health care employees involved in patient=s care determine, in the reasonable exercise of their clinical judgement, that use of the engineering control will jeopardize the patient=s safety or the success of a medical nursing procedure involving the patient.
4.2. If needleless systems are not used, needles with engineered sharps injury protection shall be used for:
4.2.a. Withdrawal of body fluids;
4.2.b. Accessing a vein or artery;
4.2.c. Administration of medications or fluids; and
4.2.d. Any other procedure involving the potential for an exposure incident for which a needle device with engineered sharps injury protection is available.
4.3. If sharps other than needle devices are used, these items shall include engineered sharps injury protection.

W. Va. Code R. § 64-82-4