November 5th, 2009
Wearing PPE is a legal obligation not a personal choice
Q. My manager told me that it was my personal choice to wear personal protective equipment (PPE) when in contact with a patient with ILI (influenza-like illness)
A. It is not a personal choice to wear required personal protective equipment. Section 2 of the Alberta Occupational Health and Safety Act sets out the general responsibilities of employers, workers and government officers. Section 2(2) is as follows.
(2) Every worker shall, while engaged in an occupation,
(a) take reasonable care to protect the health and safety of the worker and of other workers present while the worker is working, and
(b) co-operate with the worker’s employer for the purposes of protecting the health and safety of
(i) the worker,
(ii) other workers engaged in the work of the employer, and
(iii) other workers not engaged in the work of that employer but present at the work site at which that work is being carried out.
In addition, the Occupation Health and Safety Code in section 244(4) states that "A worker must use the appropriate respiratory equipment provided by the employer". In section 228(2) "A worker must wear properly the appropriate PPE specified in this Code in accordance with the training and instruction received".
There is also a clear obligation for employers to "ensure that workers wear personal protective equipment that is correct for the hazard and protects workers". They must also provide training of the use, care, limitations and maintenance of the PPE.
Any employer who is not requiring staff to wear appropriate personal protective equipment and any nurse who chooses not to wear PPE are in violation of the Occupation Health and Safety Act and Code and Article 34.01 of the collective agreement. Both parties could be fined under the OHS Act
34.01 The parties recognize the need for a safe and healthy workplace. The Employer shall be responsible for providing safe and healthy working conditions. The Employer and Employees will take all reasonable steps to eliminate, reduce or minimize all workplace safety hazards.
What You Need to Know:
Get Fit Tested! - The Multi-Employer/UNA Joint Committee has reached an agreement regarding N95 Respirator Provision and Fit Testing, which requires the employer to provide N95 respirator fit-testing to all employees covered by the Multi-Employer/UNA Collective Agreement. Fit-Testing is mandatory as per Article 35.02 (a)
Ensure you have enough N95 respirators - The Joint Committee agreement obligates the Employer to ensure that an appropriate supply of N95 respirators is available.
You may be temporarily transferred - In the event of an emergency Article 44: Mobility (44.05 (e)) allows the Employer to reassign Employees from any site to perform work at any other site in emergency circumstances. An emergency is defined as “an unforeseen combination of circumstances or the resulting state that calls for immediate action”. Contact you Local representative or Labour Relations Office for additional information regarding emergency transfers.
Do not report to work if you are sick - Nurses should not be reporting to work if they have influenza like illness (fever and respiratory symptoms). Nurses who do report to work are putting patients and their co-workers at risk of infection and illness. The Alberta Government is asking that individuals with flu like symptoms stay home from work and avoid public places when ill.
You do not have to put your health at risk - The agreement between the parties states that employees who have not been fit-tested for an N95 respirator or are unable to achieve an effective facial seal shall not be expected to enter or provide services in an area where a suspected or confirmed case of swine influenza A has been identified. These Employees may be deployed to another area.
You need to assess whether you believe that you need to provided with N95 respirators (fit-tested), gown and eye protection. If your employer refuses then ask to be reassigned.
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