As the spread of bloodborne disease caused by needlestick had become a major concern specifically for the safety of the healthcare workers, the
Needlestick Safety and Prevention Act (NSPA) was signed into law on November 6, 2000 by President Clinton. The legislation directs the Federal Occupational Safety and Health Administration (OSHA) to ensure more widespread use of safer medical devices to prevent dangerous sharps injuries. It mandated OSHA to revise its bloodborne pathogens standard to include specific additional definitions and requirements.
The Needlestick Safety and Prevention Act (NSPA) is not enforceable on its own, but rather the Occupational Safety and Health Act of 1970, which requires compliance with OSHA standards. Under the standard, as revised by the NSPA, employers are required to evaluate, select, and use engineering controls devices (e.g.,
sharps with engineered sharps injury protections or needleless systems) to eliminate or minimize exposure to contaminated sharps. In healthcare settings this requirement is easily interpreted to mean that employers must implement the use of "safety-engineered devices" or sharps with engineered sharps injury protection when performing medical procedures with sharps, regardless how they are packaged or supplied. Additionally, the law requires that healthcare workers responsible for direct patient care participate in the evaluation of the safety-engineered devices. The healthcare facilities are also required to periodically update and review their Exposure Control Plans to reflect changes in technology, such as safety-engineered devices, and maintain a log of accidental needlestick occurrences.