Thompsons Scotland are calling for a meeting with Health Minister, Andy Kerr following the announcement that he is to review the use of retractable needles within the NHS.
Thompsons solicitors along with Unison in Scotland have campaigned with the union for years to end needlestick injuries through the introduction of safer retractable needles. The campaign moved into the courts at the end of last year.
Under European Law, adopted into our national law through the Provision and Use of Work Equipment Regulations, every employer must supply safe work equipment. In two cases on behalf of Unison members, Thompsons argued that this rendered traditional needles illegal and imposed an absolute duty on the NHS to introduce safer needles.
Thompsons had sued for compensation of behalf of the two clients and won damages in both instances.
The cost of providing retractable needles is more expensive than ordinary syringes. This fact has always been used as the main reason for safer needles not having been previously introduced. One of the cases however went to the highest Appeal Court in Scotland on that very point. Three of the countries highest ranking judges unanimously decided that the issue of the cost of providing safe equipment was not relevant.
Patrick McGuire a solicitor with Thompsons explained: "This leaves the NHS and the Scottish executive with no choice. They have no defence and they have no excuse. They must introduce safer needles"
Now Scottish Executive Health Minister, Andy Kerr has ordered a review of the situation, a move welcomed by Mr McGuire and Unison.
Mr McGuire said: "With over 11 million needles used annually within the NHS it is not surprising that needlestick injuries are the most common amongst NHS staff. Most accidents happen because of carelessly discarded equipment and most affect nurses and domestics.
"There is a danger that needles can carry blood borne diseases such as Hepatitis A, B or C and medical staff are given booster injections to prevent them catching these diseases. But not all staff are inoculated and that includes the cleaners who have to empty the bins where these needles have been discarded and that puts them more at risk of injury or illness.
"The threat of needlestick injuries is a cancer affecting the health, morale and possibly life of our dedicated caring health professionals. It is a blight on the NHS which is unacceptable. There is a cure, in the form of safer needles and it is down to the Scottish Executive to introduce them.
"We have proved legally what we have always known the position to be morally, that the NHS must bear responsibility for providing safe equipment and I welcome the news that several months after the Court judgement, Mr Kerr has finally ordered a review of the situation."
Mr Kerr has raised some concerns over the reliability of some of the products on the market. Mr McGuire however wonders if Mr Kerr's information is somewhat out of date in relation to those issues.
Mr McGuire explained: "Hopefully, in the not too distant future the NHS will be using retractable needles making everyone safer. In preparation for the court cases we carried out detailed research on the various types of retractable needles on the market and all are simple and safe to use. It is not our job to choose equipment suppliers. We have however built up a wealth of knowledge on the subject and we'd therefore welcome the opportunity meeting with the Minister, along with Unison, as soon as possible to discuss our findings with him and to assist with the introduction of safer needles in any way.
"There are over 6000 of these types of injuries ever year in Scotland and I'm delighted Mr Kerr is putting the safety of his staff before cost implications."