During this difficult time its important we all stick together as frontline workers. It doens’t matter your job title. It important that we have our proper PPE to do our job right. If not, we are going to be the source of contamination for our loved ones and within the community. Let’s stop the spread of this virus right where we work.”
EMT, United Hospital
Nurses from several units and emergency medical techs were confronted by management at United Hospital after they donned hospital-issued scrubs when they started their shifts Tuesday afternoon. Hospital-issued scrubs are routinely worn by doctors and workers in some hospital units. Now, with the Covid pandemic, frontline hospital staff say hospital scrubs, donned at and removed at the hospital and laundered by a hospital supplier, will help prevent frontline staff from spreading COVID 19 to other patients and to their family members.
Staff in various units and multiple specialties took part in the action. Management requested that staff remove the scrubs. but staff rejected that request and returned to their work areas and patient care.
Nurses, EMTs. and environmental service workers are normally required to wear personal scrubs to and from work. Administrators at United have repeatedly rejected staff requests for hospital scrubs. On a March 22 phone call with United ER nurse Cliff Willmeng, CNO Janet Pestle summarized the hospital’s position on hospital-issued scrubs stating, “It is not indicated.” When questioned further about the virus’ ability to remain on surface areas, she replied that it was not a serious concern [to hospital administration].
Staff has been advised by management to, “…put them [their personal scrubs] in a plastic bag and bring them home to wash.” Following close patient contact, frontline workers say they can transport infectious material on the scrubs through the hospital and into their own homes, risking other hospital patients, the community, themselves, and their family members, especially vulnerable family members.
Across the country, as frontline health workers take stronger actions to protect themselves. hospital managers and administrators are upping their threats. Frontline healthcare staff report verbal warnings, reprimanding, disciplinary actions, threats, and even firings like the ER doctor fired in Seattle for protesting the hospital’s lack of PPE. At United Hospital, Willmeng was forced to meet with hospital management after he publicly reported his conversation with CNO Pestle. Because the meeting had potential for disciplinary measures, Willmeng was accompanied by representatives of his union, Co-chair Emily Sippola and Ron Neimark, Labor Relations Specialist of the Minnesota Nurses Association. United took no measures against Willmeng and he returned to work following the meeting.
There is broad legal and professional precedent for healthcare workers demanding and acquiring basic safety measures and practices. In an email on March 31, Ron Neimark reminded United administrators of these legal rights and protections. The email listed relevant state and federal law relating to the rights of workers and to legal mandates on employers. (Quoted below this story.)
On March 31, even after being confronted by management, United workers did not agree to remove the hospital-issued scrubs, and they began their workday in the light blue scrubs. These actions, taken for the protection of hospital staff and patients as well as their own family members, are likely not over. Multiple frontline workers are now testing positive for COVID 19, and they know that every day they face an increasingly severe risk to their life and health.
We Do The Work salutes the brave and moral actions of United health care workers and all those standing strong for patients and community everywhere. Help these frontline workers by Tweeting CEO Penny Wheeler and demanding she #FreeTheScrubs.
Rights and Duties of Employers. Minnesota Stat 182.653, Subd, 2. Each employer shall furnish to each of its employees conditions of employment and a place of employment free from recognized hazards that are causing or are likely to cause death or serious injury or harm to its employees.
Criminal Penalties. Minnesota Stat. 182.667, Subd, 2. Willful and Repeated Violations. Any employer who willfully or repeatedly violates the requirements of section 182.653, any safety and health standard promulgated under this chapter, any existing rule promulgated by the department, may be punished by a fine of not more than $70,000 or by imprisonment for not more than six months or by both; except, that if the conviction is for a violation committed after a first conviction of such person, punishment shall be a fine of not more than $100,000 or by imprisonment for not more than one year, or by both.
Minnesota Nurse Practice Act. Minnesota Stat, 148.261 Subd,1 (2)(iii)(5) Grounds for Disciplinary Action. Failure to or inability to perform professional or practical nursing as defined in section 148.171, subdivision 14 or 15, with reasonable skill and safety, including failure of a registered nurse to supervise or a licensed practical nurse to monitor adequately the performance of acts by any person working at the nurse’s direction.
Asking, directing and requiring nurses to work without the proper PPE puts other patients and caregivers at risk. The nurse has the same duty to practice safely while delivering care to the non- COVID-19 patients as he or she does to the rule-out COVID-19 patients and the positive COVID-19 patients. Failing to provide proper PPE means the hospital’s is failing to protect both the patients and the whole community.
Occupational Safety and Health Act of 1970. General Duty Clause. 29 U.S.C. Sect. 654, 5(a)1. Each employer: (1) shall furnish to each of his employees employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees; (2) shall comply with occupational safety and health standards promulgated under this Act.
Occupational Safety and Health Act of 1970.29 U.S.C. Sect. 654, 5(b). Each employee shall comply with occupational safety and health standards and all rules, regulations, and orders issued pursuant to this Act which are applicable to his own actions and conduct.
Occupational Safety and Health Act of 1970. Right to Refuse Dangerous Work. 29 U.S.C. Sect. 1977.12(b)(2). However, occasions might arise when an employee is confronted with a choice between not performing assigned tasks or subjecting himself to serious injury or death arising from a hazardous condition at the workplace. If the employee, with no reasonable alternative, refuses in good faith to expose himself to the dangerous condition, he would be protected against subsequent discrimination. The condition causing the employee's apprehension of death or injury must be of such a nature that a reasonable person, under the circumstances then confronting the employee, would conclude that there is a real danger of death or serious injury and that there is insufficient time, due to the urgency of the situation, to eliminate the danger through resort to regular statutory enforcement channels. In addition, in such circumstances, the employee, where possible, must also have sought from his employer, and been unable to obtain, a correction of the dangerous condition.