retaliation or just coincidence?

Published

I will try to be brief here, but there is a lot to tell so bear with me.

Since March I have been prn status for M/S and ER averaging 2 days a week at a very small and struggling rural hospital in a neighboring county. I was hired prn with the understanding that I would be a day shift employee, and would be willing to perhaps fill in an OCCASIONAL night if it worked with the rest of my schedule. (I am also in a MSN program for what it is worth).

In early May the manager contacted me and asked me if I would do a few nights to help fill a hole from a recent resignation until someone new could be oriented. Since the semester was over, I agreed to a total of 4 nights - 3 one week and one the next, with the understanding that this was a temporary thing only and I could not do regular nights. Those nights I did and a couple of them were pretty hairy but nothing horrible.

This hospital has come under new ownership as of 8/05, and is struggling as mentioned before. Supplies are at a bare minimum with even tape being rationed. I have been alarmed to find that there were no needleless syringe equip. available on a regular basis even though our tubing had the ports to accomodate needleless devices; and our sharps containers just have a big hole at the top that a small wrist could fit through. there is also not a post-exposure program in place. Get the picture? I did and I filed an anonymous complaint with OSHA for occupational hazard. They were very interested and were to immediately investigate.

Fast forward and I haven't worked there in 3 weeks. I was called with a looong list of nightshifts wanting to know if I could work, and when I replied back to my managers' voicemail telling him politely that I could not work any nights but please let me know any days available, haven't heard a peep since. Not even a call back to say "I just dont have any day shifts available" etc. It doesn't make sense for a facility that is chronically understaffed especially with RNs. I have been able so far to make up the time with other work but am having to scramble to do so. For a month and a half I was guranteed the two days a week at this place. There are no problems or incidents with my performance - so why have I been dropped like a lead weight?

I can't help but wonder if they found out I made the OSHA complaint, and even though there is supposedly whistleblower protection, how could I prove anything? I am still an active employee...as a matter of fact am still receiving regular pay stubs with nothing as the amount.

I really would like to hear some opinions on this. I wasn't trying to make trouble for anyone, just have a safer work environment.

Specializes in Med/Surg, Geriatrics.

The idea that an employee should expect or tolerate retaliation for reporting unsafe conditions is simply unacceptable to most RN's, and is illegal in states with whistle-blower protection laws. I certainly hope the OP resides in such a state.

I can appreciate your optimism but we live in Georgia which is not exactly a progressive state and it is certainly NOT nurse-friendly so.......

After these posts I know why they are not nurse friendly

I can appreciate your optimism but we live in Georgia which is not exactly a progressive state and it is certainly NOT nurse-friendly so.......
Specializes in Med/Surg, Geriatrics.
After these posts I know why they are not nurse friendly

What? Sorry but you are going to have to clarify.

Specializes in Med/Surg, Geriatrics.

Oh mtnmom, I would like to add that if they really wanted to punish you for whistle-blowing it is likely they would not have offered you any shifts at all including nights because they would not want you around to find something else to complain about. So go back and see my original post about how they will start to call again.

Specializes in Ortho/Neurosurgical.

So is anyone else wondering if Soliant may possibly be a supervisor, or a supervisors best pal? Hmmmm....soliant, I may be wrong but I believe it is our duty to report unsafe working conditions, now this doesn't mean that it is a lack of loyalty to our hospitals or patient base or a desire not to work...it simply means you want things in a safe establishment. Additionally, I don't know I would say anything to my supervisor. At times there are too many levels of managers in any business venture (that's what a hospital is by the way), and the message you are sending either gets lost or misinterpreted. I feel it is usually best to send the message anonymously directly up and let change trickle down. To the OP, I think you may be oversensitive about it, it was reported and they keep that stuff anonymous, I bet they need night shift and not day and that is why you aren't getting the shifts. Plus if you argued the point that they "promised" you a certain number of day shifts all they have to respond is "per diem". I wish you great luck on your MSN program, keep us in the loop on this.

Did the problem with the sharps containers get fixed..did reporting the hospital to OSHA fix the problem? Did the means justify the end? It sounds like you may be feeling a little guilty about what you did. One more question, could you not have gotten the same results by reporting directly to your supervisor or risk manager at the hospital ..it just sounds like a little over kill but you were right about fixing the problem.

Specializes in Maternal - Child Health.
My point is be careful what you wish for you might just get it. They offered the OP night shifts she didn't want them and she complained about the facility. If I was her employer and found she complained I would review every single chart she was involved with anything remotely serious I would report it to her SBON and let the chips fall where they may. And then all of you would bemoaning how cruel it was for your employer to do this and you should get a layer and blah, blah, blah. The point is the OP made her bed and now she is reaping her just rewards.

It would be incredibly short-sighted and ill-advised for a manager to respond in a "tit for tat" fashion to the reporting of serious safety violations. Unless the manager is complying TO THE LETTER with every federal, state, and local statute applicable to healthcare institutions, every JCAHO mandate, every OSHA standard, and every institutional policy and procedure, (which the OP's manager is not) such blatant retaliation would (deservedly) blow up in the manager's face.

If an employee's performance is sub-par, it is the manager's duty to counsel the employee.

If an employee violates the terms of his/her licensure, it is the manager's duty to make a report to the BON. The BON does not exist to investigate trumped-up claims made by disgruntled managers.

If an employer fails to maintain appropriate safety standards, and fails to address an employee's concerns, it is the employee's duty to contact OSHA, and/or other appropriate agencies.

The OP did not "make a bed". She reported serious deficiencies that her employer refused to address. I am quite sure that the only "just rewards" she seeks are appropriate safety measures.

Soliant12 who are you and what are you? I notice under your name where others have marked registered user or premium member yours says banned, why is that?

Specializes in Med/Surg, ER and ICU!!!.

OP, sorry about the situation. I have one in that I work full time were I make over 4 more dollors an hour than my PRN job. When PRN calls, it is usually at the same time that Job calls. I can make time and Half or less than usual. No contest were I go. PRN job has not called in over 4 months, and they called last night. They will be back, but either way, if you still wanted to job, it is your responsibility to contact management and let them know. Hope all goes well, keep us updated.

Tex

The OP stated that the sharp's containers had an opening that small hands coud fit in(I'm sure she was referring to a child, but who knows. Because a hospital does not have an exposure control plan does not increase your risk for a needle stick injury but sticking your hands in the box to steal wasted narcs does, that was my point. I don't have a problem, but I ain't the one not working am I? So who has the problem here. My point is be careful what you wish for you might just get it. They offered the OP night shifts she didn't want them and she complained about the facility.

Actually any opening on any sharps container can pose a danger, not simply because one is trying to steal narcs. It's a bigger risk if the opening is described like the OP's (our sharps containers just have a big hole at the top that a small wrist could fit through) because there is an even greater possiblity for injury if one even puts there hand only over the opening. If any sharps container is overfull it can also pose a danger, these containers are usually made out of plastic and it is possible for needles to puncture through, which not only places nurses at risk, but other staff such as housekeeping/sanitation. When it comes to stealing narcs from sharp containers, it's not solely nusing staff one needs to be concerned with. Any idea how many people (non-nurses) a sharps container may come in contact with during the disposal process from the unit to the end of the line?

If I was her employer and found she complained I would review every single chart she was involved with anything remotely serious I would report it to her SBON and let the chips fall where they may.

It is exactly this kind of retaliatory attitude that poses a danger. This attitude is DANGEROUS. It places all at risk INCLUDING patients. SBONs can and do hold nurses accountable for the safety of patients, which does include reporting safety violations. Threat of retaliation towards a nurse for reporting a safety violation would not prevent the SBON from implementing disciplinary actions towards a nurse because that nurse was coerced/imtimidated into silence. In fact the SBON will look at all actions the nurse took in the situation, including follow through, they WILL NOT be looking at their employers actions towards the nurse. I wonder if an employer would ever demonstrate THEIR loyalty towards their employee by admitting culpability in a given situation, or will they just claim ignorance of the situation?

When nurses report safety violations or hazardous working conditions, it is not out of disloyalty to their employer, it is out of a sense of duty towards their co-workers (including all staff, not just nurses), THEIR PATIENTS, and THEIR EMPLOYER. That's right, reporting a safety violation or hazardous working condition is also done out of loyalty towards an employer. Any idea how much it costs an employer when a worker is injured/killed on the job? Any idea the cost to employer when their "customers" are injured while availing themselves to their services? Unfortunately there are employers/managers so short-sighted that they fail to realize this important fact. This is why organizations such as OSHA allow anonymous complaints to be filed and will follow through on them.

On the subject of loyalty, employers should demonstrate they same loyalty towards their employees that they would want demonstrated towards them. Instead of focusing on payback when an employee reports outside of the organization, perhaps they should concern themselves to addressing why an employee would feel it necessary to report to an outside agency (radical idea, I know).

Did the problem with the sharps containers get fixed..did reporting the hospital to OSHA fix the problem? Did the means justify the end? It sounds like you may be feeling a little guilty about what you did. One more question, could you not have gotten the same results by reporting directly to your supervisor or risk manager at the hospital ..it just sounds like a little over kill but you were right about fixing the problem.

I do not know if the reporting fixed any of the problems because I have not worked a shift there since the investigator was to go out. Also, as stated earlier, management had been made aware of the problems by both me and others. There is no risk management department as such that I could have gone to.

I was hired to work parttime/prn 1-2 days a week. They do not use agency staff and still have staffing issues...

I just wonder if they know it was me by process of elimination.... They have no grounds to fire me for any other reason and dare not for this because they know that I have several attorneys in the family (they know this because a family member who was an atty was a pt there).

No, I am not feeling guilty, I will never feel guilty for standing up for what I believe is right.

BUT, I am feeling like this discussion needs to end. Will a moderator please close this thread?

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