Facility Stopping & Searching Employees' Personal Belongings

Nurses General Nursing

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So my hospital has employed a stop and search policy for all employees exiting the building. They have set up a table in the lobby and have given security guards the right to stop and search any employee leaving the building. Memos have been posted on the units. One RN has already been terminated for been found with a toradol vial in pocket, this employee had a great reputation, no history of diverting and many times we nurses do have items stuffed in our pockets for quick use while on the units. I've unknowingly and unintentionally brought home fingerstick lancets, gauze, even some simple meds like motrin or Tylenol (NEVER any narcs) because especially in ED patients are frequently prescribed such medications. I am careful to empty my pockets at the end of every shift but on rare occasion small items and simple meds still make it home with me. While I fully agree that stealing from facilities is a real problem, I question how ethical it is to literally stop and search ones employees in the lobby of all places open to visitors and patients. If I were a patient or visitor I sure would not feel comfortable at a facility that had such a practice and so openly. Another RN said as she was exiting the building before she could ask the guard on duty why she was being searched he merely and swiftly grabbed her pocketbook and began rifling through it.

Theft within the hospital can surely be handled in a more sophisticated manner. Departments or individuals suspected of theft shold be monitored when absolutely necessary and addressed accordingly. I have very strong opinions about how this policy was drafted and who it actually means to scrutinize.

What if any legal ramifications does such a policy have? Is this legal?

Is the CEO, board members, and security searched as well? If it is union, I believe a strike is in order for the unwarranted searches. It is one thing to search a person they know is stealing, it is a totally different story to search every one.

I did contact our union rep who said the union was looking into the matter. After that I did not hear of the searches anymore and the memos posted on units disappeared, until a few weeks later which was a few days ago and again I saw the stop and search table posted in the lobby.

Is the CEO, board members, and security searched as well? If it is union, I believe a strike is in order for the unwarranted searches. It is one thing to search a person they know is stealing, it is a totally different story to search every one.

My point exactly, I'm sure only the blue collar workers are being stopped. I seriously question if any of the physicians or administrative staff will be stopped. Our last ceo was accused of embezzling funds, it was in the local newspaper but of course no one dared file through his pockets or finances *side eye*.

Specializes in ICU.

I used to be searched at a big name retail place I worked at. Another one where I was a manager, wanted me to search purses upon leaving but I never did. Thieves always find a way, searching purses wasn't going to stop it. I used to just watch my stores from a distance at closing on my nights off. I found plenty of big time thievery that way.

Yes, it is legal. But your Union stopped it. Kudos on inquiring!!

Specializes in HH, Peds, Rehab, Clinical.

Actually, if the guard TOUCHES you, it's battery, not assault.

Sounds like jail. Or an inner city high school. Same difference.

The important question here is, what would happen if you refused to be searched?

If a guard refused to let you leave that is false imprisonment. If a guard put his/her hands on you anyway, that is assault. And it doesn't matter what you signed, because you cannot sign a contract that allows another individual to assault you or falsely imprison you.

You might get fired though.

To the argument: "But you probably signed something saying that you agreed to be stopped and frisked"

You may have signed something like that. But even if you did, it does not give a security guard the right to perform stop and frisk against your will.

To the argument: "But amusement parks and baseball fields search people and belongings at admission all the time"

Yes, they do, and your consent to that search is a condition of you entering the premises. You can refuse, but then you can't come in. They are allowed to keep you out, that's not imprisonment.

I don't think this policy will last. But I wouldn't want to work there in the meantime.

Bw anyone can list any good lawyer websites that give advice?

Bw anyone can list any good lawyer websites that give advice?

Since you are unionized, your union can seek advice from their lawyer, then inform the members.

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