IRELAND: Hospitals will face an "avalanche" of legal cases if security concerns are not addressed following a large rise in assaults on nurses, an employment law solicitor has warned.
The Irish Nurses and Midwives Organisation (INMO) has called for increased security across all areas of hospital campuses after a large rise in assaults on nurses.
This comes as figures reveal that more than five nurses were physically, verbally or sexually assaulted each day in the month of June.
The INMO said in 2021 the Health and Safety Authority recorded 7,477 inspections but only 446 inspections in health and social care settings, compared to 2,865 in construction.
Figures obtained by the INMO, compiled via the HSE's National Incident Management Scheme, revealed that in 2020 more than 8,667 staff reported physical, verbal and sexual assault in the workplace.
48% of those injuries were sustained by nurses and midwives, and 4,166 of them reported being assaulted.
According to employment law attorney Richard Grogan.For example: "The position is that an employer is accountable if an employee is assaulted."
The Safety, Health and Welfare at Work Act of 2005, which outlines employers' obligations for establishing a safe workplace, was mentioned by Mr. Gorgan.
He said, "If an employer has not implemented a safe system of work, then they are responsible for a personal injury claim for the injury suffered by that staff member."
"I can imagine some people saying, "Well, we're a hospital." That's great, but if this is happening, they must implement the necessary safeguards.
"We are aware that some persons enter the building when intoxicated, high on drugs, or recovering from a violent incident; nonetheless, these risks are not inherently present for those who work there, and they are therefore not denied the right to a safe workplace.
"They must demonstrate what they have done to safeguard individuals, which is the issue that will arise. A solicitor might inquire about how frequently the garda have been called.
"What have you done in the past when a certain person has disrupted events by showing up?
"I am aware of the challenges they have in providing care, but the safety of the personnel is just as important as the safety of a patient who has a history of violence, if not more so. Up until now, nurses and doctors have viewed this with a benign attitude, but that is starting to change."
According to Mr. Grogan, when a case involving an abused nurse or other hospital staff member enters court, "not be a response along the lines of, "We had no choice but to treat this person." The question is, in regard to that, what safeguards have you implemented for the staff?"
Zero tolerance
He argued that any assaults on staff should be met with "zero tolerance" by the HSE and hospital management.
Garda should always be contacted following an assault, however this is not always the case.
Mr. Grogan, who also practises personal injury law, noted that workplace assaults can have serious psychological impacts on victims.
"Employees are entitled to a safe working environment. Some people would assert that assaults are a risk of the job, however that is incorrect.
"Saying that something is merely a fact of life is insufficient when the employer is aware that it is an issue.
"Employees may file a complaint or a grievance under the Safety, Health, and Welfare at Work Act. They can declare, "I'm not going to work in a position where I am put at risk going forward; I require that the necessary safeguards be put in place."
"The HSE has been extremely fortunate up to this point in that no claims have been made by nurses or physicians. Some of those claims for a safe working system will start to be made.
"The psychological trauma that results from workplace assaults, including the worry that it will happen again, is something I deal with on a daily basis. People will abandon the healthcare system as a result."
If it isn't done what's going to happen is some person has a weapon on them and some nurse or doctor gets killed. At what stage do we say enough is enough?
According to Mr. Grogan, a "two-pronged" strategy is required. He stated that the INMO's demand for more protection is the most crucial element and that stiffer legal penalties for individuals who abuse hospital employees are also required.
If these improvements aren't done, the INMO and nurses' attorneys will push back by saying, "Here are some proceedings; start handling this down in the courts."
Here is a claim from the Safety, Health, and Welfare at Work Act asking for the implementation of proper measures, not merely compensation for a violation of their rights.
"Someone will mention how expensive this is going to be. Yes, it will, but if it isn't done, a nurse or doctor will be killed by someone who has a weapon on them. When do we decide enough is enough?"
He declared that the INMO's assault statistics are "unacceptable in any form of organisation."
What's happening in hospitals at the minute is there is no deterrence in place, you don't see security in most hospitals
"With regard to these numbers, the INMO is conservative; they underestimate rather than overestimate. The actual number is probably much higher."
We are personal injury attorneys as well, and we always tell businesses, "You don't want an accident at your job; it is always best to have safeguards in place for the safety of your personnel. Nobody should be assaulted by a worker, please.
"Hospital employees already have a difficult job. Additionally, there should be legislation stating that using drugs or alcohol is not an acceptable defence and only serves to aggravate the offence.
"Stop causing injuries to individuals. For this reason, there are more security personnel on duty on a bank holiday weekend to discourage drunk driving.
The current situation in hospitals is that there is no deterrence in place and most hospitals lack security.
"I don't want this being kicked to touch until we have a dead nurse," said Mr. Grogan in conclusion. This risk has been recognised for a lot of years and is present. Hospitals have already been slow to respond. This needs to be resolved right away. The consequences will result from their failing to address a recognised risk if it is not addressed.
"The judges will deal with it if that law is put in place, but they can only deal with it if they have the necessary legislation."
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