Can I Refuse to Work If My Facility Does Not Have Proper Personal Protective Equipment?

[Lorie Brown RN, MN, JD]

Can I Refuse to Work If My Facility Does Not Have Proper Personal Protective Equipment?

The number 1 question that I have been asked during this time of COVID-19 is, “Do I have to work if my facility does not have personal protective equipment?”

Unfortunately, my response is not going to be popular. The truth is that the Oregon State Board of Nursing issued a position statement declaring that, “The Board has determined that nurses cannot refuse a patient care assignment because the organization is following Oregon Health Authority Public Health Division recommendations regarding PPE and other infection control practices rather guidelines of the World Health Organization or Centers for Disease Control and Prevention." This statement has been updated by the Board to read

"Nurses cannot refuse an assignment solely because the employer is utilizing OHA guidelines rather than WHO or CDC guidelines."

After conversations with other nurse attorneys, I believe that other states feel the same way as does Oregon. They consider a refusal to work to be patient abandonment or job abandonment.

At this difficult time, nurses are the epicenter of this pandemic crisis. You do have a choice. If you believe the facility does not have proper equipment, you can give proper notice and resign. However, if you leave and abandon your job without notice, you can face disciplinary action with the Board.

It is unfortunate that our country was not prepared and placed nurses in these vulnerable positions, but you can decide for yourself what is best for you in protecting yourself and your family as well as your license.

[WestchesterNurse, RN]

On 4/7/2020 at 12:05 AM, BradleyRN said:

the price gouged amount. They cant say that saving $6.30 for a mask is worth all those lives.

On 4/5/2020 at 2:24 AM, rzyzzy said:

On the other hand I understand the risk of working with inadequate PPE and I personally don't want to do it either, but what do you do when there is none?

Sadly, this isn’t exclusive to healthcare. Law enforcement and corrections .. good grief. Had no mask at all, and expired purell if any. Corrections had NO MASKS and had to be in quarantine with covid and suspected covid. Then no masks when they were “locked in,” like the aerosolized droplets dispersed magically in 3 seconds and not over 3+ hours?

now, officer who come back from quarantine after testing positive, are mandated to wear a mask for 14 days at work, the whole time.

in ny, you can provide your own now, but no one can buy n95 let alone a hospital, so mute point.
If you can’t provide your own, your employer does, how nice, right? Sure...

1 n95 every 2 weeks (14 days)

1 surgical mask every week (7days)

return to work- afebrile without pyretics 72 hours and reduction of symptoms

doesnt mean they won’t cough, so, 14 days in same n95? Sputum?
and no, no Sterilization, no uv-c

had to flip out and throw a fit to have them stop storing masks in plastic bags

And Charlie Brown says good grief?

I digress. It’s hard everywhere. But there is a special place, a very special place for a very special few who don’t look out AT ALL for our essential workers. What are they going to do with a surgical mask for 7 days? Seriously? It’s a waste of a resource, inadequately given, and better off not at all, unless intended if the n95 breaks. But usage shows after 3 don/doffs, 20% deficiency based on manufacturer and model occurred.

maybe the guidelines from CDC should be more clear. 8 hours, 5 days no longer than, don’t leave it up to employer, because all employers aren’t hospitals. And you are going to see more and more of our 1 responders. 1 police dept has something like 20% + positive rate

And when H1N1 epidemic occurred, 3m acknowledged they lacked the ability to manufacturer adequate masks to replace hard to test fit 1800

[Daisy4RN]

8 hours ago, WestchesterNurse said:

Sadly, this isn’t exclusive to healthcare. Law enforcement and corrections .. good grief. Had no mask at all, and expired purell if any. Corrections had NO MASKS and had to be in quarantine with covid and suspected covid. Then no masks when they were “locked in,” like the aerosolized droplets dispersed magically in 3 seconds and not over 3+ hours?

now, officer who come back from quarantine after testing positive, are mandated to wear a mask for 14 days at work, the whole time.

in ny, you can provide your own now, but no one can buy n95 let alone a hospital, so mute point.
If you can’t provide your own, your employer does, how nice, right? Sure...

1 n95 every 2 weeks (14 days)

1 surgical mask every week (7days)

return to work- afebrile without pyretics 72 hours and reduction of symptoms

doesnt mean they won’t cough, so, 14 days in same n95? Sputum?
and no, no Sterilization, no uv-c

had to flip out and throw a fit to have them stop storing masks in plastic bags

And Charlie Brown says good grief?

I digress. It’s hard everywhere. But there is a special place, a very special place for a very special few who don’t look out AT ALL for our essential workers. What are they going to do with a surgical mask for 7 days? Seriously? It’s a waste of a resource, inadequately given, and better off not at all, unless intended if the n95 breaks. But usage shows after 3 don/doffs, 20% deficiency based on manufacturer and model occurred.

maybe the guidelines from CDC should be more clear. 8 hours, 5 days no longer than, don’t leave it up to employer, because all employers aren’t hospitals. And you are going to see more and more of our 1 responders. 1 police dept has something like 20% + positive rate

And when H1N1 epidemic occurred, 3m acknowledged they lacked the ability to manufacturer adequate masks to replace hard to test fit 1800

3M also continued to sell N95 masks to foreign countries in the middle of this pandemic knowing full well we needed them here!

[toomuchbaloney]

On 4/1/2020 at 10:40 AM, Lorie Brown RN, MN, JD said:

Can I Refuse to Work If My Facility Does Not Have Proper Personal Protective Equipment?

The number 1 question that I have been asked during this time of COVID-19 is, “Do I have to work if my facility does not have personal protective equipment?”

Unfortunately, my response is not going to be popular. The truth is that the Oregon State Board of Nursing issued a position statement declaring that, “The Board has determined that nurses cannot refuse a patient care assignment because the organization is following Oregon Health Authority Public Health Division recommendations regarding PPE and other infection control practices rather guidelines of the World Health Organization or Centers for Disease Control and Prevention." This statement has been updated by the Board to read

"Nurses cannot refuse an assignment solely because the employer is utilizing OHA guidelines rather than WHO or CDC guidelines."

After conversations with other nurse attorneys, I believe that other states feel the same way as does Oregon. They consider a refusal to work to be patient abandonment or job abandonment.

At this difficult time, nurses are the epicenter of this pandemic crisis. You do have a choice. If you believe the facility does not have proper equipment, you can give proper notice and resign. However, if you leave and abandon your job without notice, you can face disciplinary action with the Board.

It is unfortunate that our country was not prepared and placed nurses in these vulnerable positions, but you can decide for yourself what is best for you in protecting yourself and your family as well as your license.

Yikes.

Abandonment can apply to employers too.

[toomuchbaloney]

18 minutes ago, Daisy4RN said:

3M also continued to sell N95 masks to foreign countries in the middle of this pandemic knowing full well we needed them here!

That's just capitalism. They had orders. They were not directed or required to divert priority to American public health.

If only there had been some frame work to organize and coordinate such a response...