1 / 15

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

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. Constitutional law. National law. Public law / Private law. Civil Claims. Administrative law. LRA

belita
Download Presentation

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

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  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!

More Related