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Nell Browne Risk Consultant proactiversk@mweb.co.za 083-444-8694

Understand the legal aspects and risk management in healthcare waste disposal from infection control and occupational health perspectives. Learn about constitutional, national, and public laws, liability, hazardous substances, pollution, responsibilities, and legal consequences.

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Nell Browne Risk Consultant proactiversk@mweb.co.za 083-444-8694

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  1. Risk management & legal liability of waste management in healthcare :Infection control / Occupational Health perspective. Nell Browne Risk Consultant proactiversk@mweb.co.za 083-444-8694

  2. Constitutional law National law Public law / Private law Civil Claims Administrative law • LRA • BCEA • OHSAct • Health Act • NEMA • NEMA: Air quality Bill Act Regulations Codes of Practice / guidelines

  3. Key terms Hazard • source of, or exposure to danger Pure risk • Probability injury / ill health / damage will occur Pollution

  4. Pollution Change in environment 1 Substances 2 Radioactive or other waves 3 Noise, odours, dust, heat Adverse effect • Human health / well being • Ecosystems • Materials valuable to man • Future

  5. OHSAct S 16CEO duties • Properly discharge duties • Assign duty • Sec 37 - retain liability

  6. Provide & maintain safe & healthy working environment Remove hazards Reduce risk Control risk Monitor controls Medical surveillance Inform Train Not permit contravention Enforce OHSAct S 8General duties of employers

  7. OHSAct S 14General duties of employees • Reasonable care • Co-operate • Comply procedures • Report unsafe conditions • Report incidents / injury to self - same shift • S 15 Duty not to interfere / misuse

  8. Unrecognised legal liability • Noise • > 85dB • Waste anaesthetic gases • Disposal of packaging materials • PVC packing sterile goods • > Growth thermoplastic polyesters • Low density polyethylene

  9. Chemicals Duties of persons exposed • Prevent release • PPE • Personal monitors • Health evaluations Air monitoring Medical surveillance Records – 30 years.

  10. Hazardous biological agents • Any micro-organism, cell culture, human endo-parasite, genetically modified • May cause infection, allergy, toxicity, or create hazard to human health

  11. HBA regulations - 1 • Classification • Information & training • Duties of persons exposed • Risk assessment - employer • Monitoring exposure • Medical surveillance • Records – 40 years

  12. HBA regulations - 2 • Control of exposure • PPE & facilities • Maintain control measures • Prohibitions • Labelling, packaging, transport & storage • Special measures • Disposal • Offences & penalties

  13. OHSAct S 37Acts / Omissions • Employer / Employee- both may be convicted Criminal & Civil Liability

  14. OHSAct S 38Offences & Penalties Employer- R100,000 / 2 years or both Employee- R50,000 / 1 year or both Additional fines – regulations CRIMINAL RECORD

  15. There is always more than one right answer. Our challenge is to find the best right answer for each unique situation!

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