REGISTRATION OF HCW TRANSPORTERS
REGISTRATION OF HEALTH-CARE WASTE TRANSPORTERS
Companies or individuals that provide a commercial service as a Healthcare Waste Transporter must register with the Nelson Mandela Bay Municipality. This is a legal requirement, in accordance with the Nelson Mandela Bay Municipality’s Municipal Health Bylaw – Chapter 8, Section 29 (1) – promulgated on 24 March 2010.
THIS IS AN ONCE OFF REGISTRATION AND IS FREE OF CHARGE
Upon registration Health Care Waste Transporters must take note of the duties and responsibilities of the transporters of Health Care Waste, as stated in Chapter 8, Part 3, sections 26, 27, 28, 29 & 30 of the Nelson Mandela Bay Municipality’s Municipal Health Bylaw.
Definition of HEALTH CARE WASTE
"healthcare waste” means waste generated by a hospital, clinic, nursing home, doctor's offices, medical laboratory, research facility, dental practitioner, medical practitioner, traditional healer, traditional surgeon and veterinarian or any other place where health care waste are generated and which are infectious or potentially infectious, and includes –
(a) microbial wastes including wastes including cultures and stocks of infectious
wastes and associated biologicals that can cause disease in humans;
(b) human blood and blood products, including serum, plasma and other blood components;
(c) pathological wastes of human origin, including tissues, organs and body parts
removed during surgery or autopsy;
(d) contaminated animal wastes including animal carcasses, body parts and bedding which have been exposed to infectious agents during medical research, pharmaceutical testing or production of biologicals;
(e) isolation wastes associated with animals or human beings known to be infected
with highly communicable diseases; and
(f) contaminated and uncontaminated sharps, including clinical items which can cause a cut or puncture or injection, such as needles, syringes, blades and microscope slides;
(g) used medical equipment and other medical material which is capable or is reasonably likely to be capable of causing or spreading disease or causing or spreading infection, such as used surgical dressings, swabs, blood bags, laboratory waste, blood collection tubes, colostomy- and other catheter-bags, gloves, drip bags, administration dines and tongue depressors.
(h) pharmaceutical products of which the period of use has expired or which has been contaminated or have been stored improperly or are no longer required such as human and animal vaccines, medicine and drugs;
(i) genotoxic chemical waste and radio isotopes from experimental or diagnostic work or any other source.
Chapter 8 Part 3
Health Care Waste
26. Scope of application
Compliance with the provisions of this Part is mandatory for all generators of health care waste and, where applicable, for all transporters and disposers of health care waste, and is mandatory at especially –
(a) all health care facilities such as places or sites where professional health services are dispensed to human patients, including hospitals, mobile and stationary clinics, sick bays such as, but not limited to old-age homes, day units, hospices, rehabilitation centres, consulting rooms of medical doctors, oral health practitioners, traditional healers, traditional surgeons, professional nurses, facilities for rendering midwifery services, free-standing operating theatres, pharmacies and all similar sites;
(b) all pathological and microbiological laboratories or places where biological research is carried out, and the premises of blood transfusion services;
(c) the facilities of all manufacturers and distributors of pharmaceutical products or vaccines;
(d) all mortuaries and undertaker premises;
(e) all veterinary consulting rooms, animal hospitals, treatment-stations, dog kennels and catteries; and
(f) any private dwelling or household or any other premises where the environmental health risk constituted by the quantity and nature of health care waste generated is such that such health care waste should be handled in accordance with these regulations.
27. Duties of generators, transporters and disposers of health care waste
(1) Subject to the provisions of the National Environmental Management Act, 1998, (Act 107 of 1998), and any other applicable legislation, every generator of health care waste and, where applicable, every transporter and disposer of health care waste must cause all such health care waste to be sorted, packed, contained, handled, stored, transported and disposed of in accordance with this Part.
(2) The activities referred to in subsection (1) must be carried out in such way that the health care waste generated does not cause a municipal health nuisance or safety hazard for any handler thereof or any other person or the environment in general.
(3) The responsible authority may, subject to the provisions of any provincial or national law, allow any person to dispose of health care waste in any other acceptable manner that ensures that such health care waste and method of disposal does not constitute a municipal health nuisance or a safety hazard for any handler thereof or any other person or the environment in general.
(4) A person who intends to engage, on any plot or premises, in an activity which may cause health care waste to be generated must, prior to the generation of the health care waste inform the responsible authority by written notice of his or her intention, and the notice must contain:
(a) The composition, chemical or otherwise and nature of the health care waste;
(b) a description of the industrial process or trade giving rise to the health care waste;
(c) the estimated quantity of health care waste to be generated;
(d) the method of storage of the health care waste;
(e) the proposed duration of storage of the health care waste;
(f) the manner in which the health care waste will be collected;
(g) the manner in which and the disposal site at which the health care waste will be disposed of;
(h) the identity of the licensee removing the health care waste; and
(i) the number of persons employed on the premises.
(5) If so required by the municipality, the notice must be substantiated by an analysis certified by an appropriately qualified industrial chemist of the composition of the health care waste, and must contain any other information required by the municipality.
(6) Upon receipt and evaluation of the notice the municipality shall by written notice to person require him or her to execute at his or her expense any of the following:
(a) To dispose of the health care waste in the same manner as other solid waste;
(b) to store and dispose of the health care waste in refuse receptacles, using special containers or labelling as directed by the municipality;
(c) to transport the health care waste to a municipal disposal or processing facility as directed by the municipality, employing special containers and handling, and placing the health care waste in a specific area of the facility as directed by the facility operating plan;
(d) to cause the health care waste to be processed on the plot or premises of generation, thus rendering it non-hazardous;
(e) to take any other measures relative to transportation and disposal of the health care waste as determined by the municipality to be required to protect human health and the environment; or
(f) to pay an additional tariff for collection and disposal of the
health care waste.
(7) The person must notify the municipality in writing of any changes occurring with respect to any of the matters stipulated in subsection (4).
(8) Where the health care waste is being generated as a result of activities which commenced prior to the commencement of this by-law, the person must notify the municipality within 6 months of the commencement of this by-law.
(9) An owner or occupier of a plot or premises where health care waste is generated must provide periodic training, on proper health care waste handling procedures, to all employees who may come into contact with health care waste.
(10) A person who contravenes subsection (1), (2), (4), (6), (7), (8) or (9) commits an offence.
28. Storage of health care waste
(1) Any person engaging in an activity which may generate health care waste must ensure that the health care waste generated on the premises is kept and stored thereon until it is collected from the premises.
(2) (a) Perishable health care waste must be stored at a temperature
not exceeding 4°C, and should preferably be frozen.
(b) A health care waste storage area must –
(i) be vermin-proof, insect-proof, and rodent-proof;
(ii) have an easily cleanable floor and wall finishing and general construction;
(iii) be totally enclosed and provided with adequate signage indicating such area;
(iv) adequately ventilated and lighted; and
(v) be kept locked and be accessible to authorised persons only.
(c) All health care waste must be stored in a health care waste storage area until it is loaded or removed for final disposal.
(d) On-site spills must be cleaned up immediately.
(e) All interior surfaces of storage areas must be meticulously disinfected and cleaned on a daily basis.
(3) Provision must be made for unrefrigerated health care waste to be removed on weekends and public holidays.
(4) Subject to the provisions of sub-section (6) health care waste must, prior to final disposal at a municipal disposal or processing facility, be sterilized using one of the following methods:
(c) chemical treatment; or
(5) Sterilization of health care waste may be performed on the premises where the health care waste was generated or at an off-site location.
(6) Health care waste must, prior to disposal, be placed in a colour coded heavy duty plastic bag or other suitable colour coded container as follows:
(a) Health care waste which has not been sterilized and rendered non-infectious must be placed in a red heavy duty plastic bag at the point of generation or disposed of at disposal site designated for health care waste or processing facility in an unsterilized condition;
(b) health care waste which has been sterilized by autoclave, microwave, chemical or other non-burning method, must be placed in a yellow heavy duty plastic bag;
(c) cytotoxic or genotoxic pharmaceutical health care waste and associated contaminated materials such as, but not limited to syringes, tubing, containers, preparation materials, vials and ampoules, must be discarded into a container which is labelled cytotoxic waste or genotoxic waste; and
(d) sharp objects such as, but not limited to needles and broken glass, contaminated with cytotoxins must be placed into a rigid, sealed, plastic container which is labelled cytotoxic sharps, and provision must be made in this regard for the safe discarding of the longest Trocar needle.
(7) The above requirements for colour coded containers must be strictly adhered to for all movement and transportation of health care waste either on the premises of generation or in transit to an off-site sterilization or disposal facility.
(8) A person who contravenes a provision of this section commits an offence.
29. Transport of health care waste
(1) Only approved transporters may transport health care waste and must do so in accordance with the requirements and provisions of the responsible local municipality.
(2) (a) The loading compartments of transport vehicles for health care waste must be lockable and must comply with the following requirements:
(i) The compartment must be thermally insulated and capable of maintaining a refrigerated transport temperature not exceeding 4°C;
(ii) the interior panel construction must be so tightly joined as to ensure a removable liquid seal and airtight seal;
(iii) the interior surfaces must be painted white with a durable duco or enamel paint or have a finish approved by the municipality;
(iv) there must be a threshold of at least 100 mm at the doors to prevent leakages spilling outside; and
(v) the compartment must be equipped with approved Spilikits that are regularly checked and replenished.
(b) The transport vehicle must be manned by a team adequately trained in the effective use of the Spilikits and clean-up procedures.
(c) Every loading compartment must be disinfected and chemically cleaned on a daily basis.
(3) A licensee licensed to collect and dispose of health care waste, must inform the municipality at those intervals the municipality may stipulate in the licence or elsewhere, about
(a) the removal of health care waste;
(b) the date of such removal, the quantity;
(c) the composition of the health care waste removed; and
(d) the facility at which the health care waste has been disposed.
(4) A person who contravenes a provision of this section commits an offence.
30. Disposal facility and incineration
(1) An approved transporter must dispose of the health care waste at an approved waste disposal facility for that purpose.
(2) The incinerator and incineration process must comply with the prescriptions of all relevant legislation, such as the National Environmental Management: Air Quality Act, 2004 (Act No. 39 of 2004), the Hazardous Substances Act, 1973 (Act No. 15 of 1973), and the Environment Conservation Act, 1989 (Act No. 73 of 1989), in order to deal with health care waste having a wide variation in burning characteristics, ranging from highly volatile and high calorific-value plastics to high water-content material such as placentae.
(3) A person who contravenes subsection (1) or operates an incinerator or undertakes an incineration process in contravention of subsection (2) commits an offence.