Tag Archives: retaliation

General Safety Issues

REPORT YOUR CONCERNS ABOUT SAFETY AT WORK

This is the story of a whistleblower.  First, here’s the definition:

Noun 1. whistleblower – an informant who exposes wrongdoing within an organization in the hope of stopping it; “the law gives little protection to whistleblowers who feel the public has a right to know what is going on”; “the whistleblower was fired for exposing the conditions in mental hospitals”

informant, source – a person who supplies information
Based on WordNet 3.0, Farlex clipart collection. © 2003-2012 Princeton University, Farlex Inc.
 
A worker for an Idaho sawmill company waits to see if he will receive a  settlement from Clearwater Paper Corporation because he raised workplace safety concerns to OSHA.  The Department of Labor is seeking $300,000 for this employee who was first suspended and later fired after OSHA conducted an inspection.  It was alleged that workers were exposed to excessive amounts of red cedar dust in one of their sawmills. That facility was closed in 2011.

The department is also seeking reinstatement of the employee (at one of the other facilities),  as well as payment of more than $300,000 in damages and fees, including back pay, compensatory damages, emotional distress damages and punitive damages.

Section 11(c) of the Occupational Safety and Health Act prohibits employers from discharging or in any manner retaliating or discriminating against any worker for exercising their rights under the Act. These rights include filing an OSHA complaint, participating in an inspection, raising a safety and health issue with the employer or the government, or any other right afforded by the OSHA law. Of the whistleblower complaints that OSHA receives every year, 11c complaints comprise the majority. For more information on 11c and the 21 other whistleblower statutes under OSHA’s jurisdiction, visit www.whistleblowers.gov.

Source: OSHA QuickTakes Newletter

Note: Many workers are very intimidated about reporting safety and health concerns, because of the fear of losing their job, and/or retaliation.  They are protected under the Whistleblower Act.  However, if the hazards of the job are not addressed and someone gets hurt or killed, those workers who were afraid to report safety violations may regret having not told someone.  Do not take that chance: report any suspicions to your supervisor, and if it is not addressed, then call an OSHA office in your area.  pb

General Safety Issues

STANDING UP FOR PATIENT SAFETY

The most important responsibility of any medical service is patient safety.  Having worked for a hospital as an Administrative Assistant, an entirely new and different world was opened up for me.  One of my duties was Medical Staff Coordinator, which entailed credentialing physicians – and ensuring that our physicians on staff were current with their license and insurance.  Much research is done to begin with, establishing everything from their educational background, verifying license, insurance, and referrals.  It was a very interesting part of my job, which I enjoyed thoroughly.  The main thing that anyone learns when working for a hospital, or any other medical-related field, is that you are first and foremost a patient advocate.  This is especially true for nurses and physicians. 

Back in 2009, two Registered Nurses in a town of around 6,000 people in Kermit in far west Texas, sent an unsigned complaint to the state medical board that a certain physician was inconsistent with quality of care and patient safety and was practicing non-therapeutic treatment and prescriptions.  Both nurses lost their jobs at the local hospital, and were indicted for their action.  The complete story, “The West Texas Nurses” can be read on the Texas Nurses Association’s website in the Advocate Section.  They were cleared of the charges that local law enforcement brought against them, but suffered much retaliation during the process.    

These two nurses had both been employed by the local hospital for more than twenty years; they both shared the responsibility of Medical Staff Coordinator, and one of them served in the position of Quality Improvement/Utility Management Coordinator, and the other as Compliance Officer.  These are  important hospital assignments that are taken very seriously.  They were dedicated nurses who were looking out for their patients. 

Texas has whistle-blower laws that provide nurses with legal grounds to allege retaliation.  Their termination and criminal indictment was illegal retaliation in violation of the Nursing Practice Act and other Texas laws, such as Sections 301.4025 and 301.413 of the Nursing Practice Act that gives nurses a right to report other licensed practitioners and prohibits retaliation; Board of Nursing Rule 217.19 related to peer review and whistleblower protection; Health and Safety Code provisions prohibiting retaliation for reporting patient care concerns; Medical Practice Act provisions that prohibit retaliation for reporting to the medical board; and The Public Employee Whistleblower Act. 

Patient advocacy, specifically reporting concerns about a practitioner’s standard of care, is protected under Texas laws.  No one ever anticipated that a nurse would be criminally prosecuted for reporting a patient care concern to a licensing agency.  The nurses received assistance with legal funds from the American Nurses Association, Texas Nurses Association, and individual nurses from around the United States.  

The physician in question has been placed on probation for four years and can continue to practice medicine if he completes additional medical training, according to the Texas medical regulators.  He must be monitored by another physician and submit patient medical and billing records for review, which findings will be reported to the board.  He has also been indicted on criminal charges in the case, for “misuse of official information and retaliation.”  The Winkler County Sheriff may face similar charges, as well as the County Attorney. 

This incident has stirred up interest by nurses across the country.  The two nurses were doing their duty in reporting situations that they felt endangered certain patients.  We know that, thankfully, the majority of physicians uphold their oath of duty to furnish proper care for their patients.  

We are our best advocates when it comes to our health care.  If we have a family member that is unable to make medical decisions, or we suspect improper care, we must speak up.  This is true for every walk of life.  We have the right to speak up without fear of repercussion.  It’s known as the Whistleblowers Act.

Thank goodness for those two nurses in Kermit, Texas, and all who supported them.  They did the right thing. 

 

Source: TNA

General Safety Issues

“NO” TO SEXUAL HARASSMENT IN THE WORKPLACE!

In a previous article, we quoted the following from OSHA (Occupational Health and Safety Administration): American workers and employers want safe and healthful places in which to work.  They want everyone on the job to go home whole and healthy each day.   This applies to workers all over the world.  There should be zero tolerance for sexual harassment – at work, or elsewhere.   An explanation of the company’s policy against sexual harassment should be posted for every employee’s information.

Federal U.S. law prohibits sexual harassment in the workplace under Title VII of the1964 Civil Rights Act, as amended.  Title VII applies to private and most public employers, labor organizations, employment agencies, and joint employer-union apprenticeship programs with 15 or more employees.  The law makes certain employers are responsible for preventing and stopping sexual harassment that occurs on the job.  Retaliation is also against the law.  If someone takes revenge against a person who complains about sexual harassment, i.e.,  as being made to take an unpaid leave of absence, or given a less desirable job in the same or different department – this is an example of retaliation. 

There are many kinds of conduct of a sexual nature that workers should let the harasser know are unwelcome.  Some examples of behavior that is unacceptable are:

  1. Verbal or written: personal behavior, comments about clothing or a person’s body; sexual jokes, sexual innuendoes, spreading rumors about a person’s private life; threatening a person, repeatedly calling them on the phone.
  2. Physical: Assault, blocking movement; inappropriate touching of a person; putting their arms around a person (uninvited.)
  3. Visual: Drawings, pictures, screensavers or emails of a sexual nature.
  4. Nonverbal: Looking up and down a person’s body; derogatory gestures; following  (stalking) them. 

Although you may be embarrassed to report your concerns, companies cannot be legally responsible for taking care of the situation until they know about it.  It is important that you document and ask witnesses (if involved) to sign your documents.  Write down dates, places, times, and everything that has happened.  One incident may not constitute sexual harassment, unless it is rape or attempted rape.  Several incidents of unwelcome conduct may add up to harassment.   It is best if you report the harassment in writing.   Your employer must know in order to be responsible for a coworker, supervisor, client, or customer’s actions.  These reports should be kept in your personnel file, which you have a right to review at any time.  Also, keep copies of all paperwork at home or in another location, away from the workplace. 

It is a shame that there are “bullies” in most workplaces.  If you are approached in an unpleasant manner, tell the person “NO” and let them know you mean it; ask if this is the way they would behave in front of their spouse or family members; or how would they like to have their actions recorded on your cell phone, on a camera at work, or even reported in the news?  Hopefully, that would be enough to cause them to back off. 

There are acts of discrimination against persons because of their race, national origin, religion, age, disability, and sexual orientation.  Unwelcome conduct creates an abusive and hostile work environment, not only for the target of the abuse, but to employees as well.  We all have the right to expect to go to work each day and not have to worry about being made to feel uncomfortable or threatened.