What comes first? Religious beliefs or Osha Safety Guidelines?

[nnurse32]

I work in home health care. My agency has been sending nurses to a home for private duty of a pediatric patient who is trashed, non responsive, spastic, and suffers seizures. The patient must be carried everywhere and weighs between 55 and 60 lbs. For religious reasons the family is adamant about no shoes in the house. The floors are tile, the bathroom is tile with no anti slip surfaces and the floors are very slippery. The company, along with OSHA, has very precise guidelines about proper footwear. My stance to the company was I would be happy to go to the client's home and take care of the child if I can wear my nursing shoes. Carrying the child without proper supportive and anti slip footwear is not only painful but a great risk to the patient and myself. I quoted the employee handbook and OSHA. They insisted that no shoes is fine and that religion overrides OSHA Safety Guidelines. However, if I slip and fall while carrying the child or injury myself, I will be personally responsible for not wearing proper footwear. The company will just quote their regulations about proper footwear and deny responsibility, workman's comp would deny responsibility, and lawyers would have a field day. The company is very good about quoting employee handbook regulations in memos followed by "failure to comply will result in the necessary disciplinary action up to and including termination".

My stance has put me in a negative light with my supervisors. I insist patient/nurse safety and OSHA Safety Guidelines come first and foremost.

Any input?

[Mulan]

I wouldn't do it.

I guess shoe covers wouldn't work.

What exactly is the rationale behind not wearing shoes in the house?

Maybe you should report the company to OSHA.

[Seawitch]

My husband is from a culture that typically do not wear shoes inside the house, because it's seen as dirty (I'm not sure of other reasons).

Can you perhaps buy another pair of brand new shoes that are onl;y to be worn inside their house? I can't think of any other solution to be honest.

Are you sure it's a religious thing? Or is it cultural. If it's cultural, tell em to get effed lol.

[nnurse32]

I really don't know the rationale behind no shoes policy. The family is from an Arabic country and hold strong to their customs, which is ok, I have no problem with that. But not being allowed to wear shoes especially on slippery wet surfaces while carrying their child is just plain dangerous. These companies are all about keeping the families happy at all costs. They found another nurse to do it. I wonder how OSHA would take the religion over safety policy?

I declined the case.

[nursel56]

The two home health agencies for whom I worked specifically stated that the nurse in the home has a right to a safe working environment. In other words, having in-home skilled nursing is not a one-way street, the provider of care has rights, too. In fact, we were supposed to identify hazards to the patient as well, in the home - non stick area rugs on slick flooring being a prime example of that.

In the real world I've found out through the grapevine that there are many agencies who will disregard those rights, catering to the family in a variety of ways, simply because they don't want the case to go to another agency. I am not a lawyer or an expert on OSHA laws, but no - I don't believe the religious views of the client require any other person to put their health and safety in jeopardy.

If you work for the agencies who will fire a nurse who asserts her rights, it will become a moot point, in my experience there are nurses who do cut corners. I know one nurse who was asked not to wear shoes, but could wear slippers or socks with non-skid soles, as not a perfect solution, but better than to slip in stocking feet while carrying a 55lb child.

Many times private duty nurses work in unsafe neighborhoods with crazy family members, infested with bugs, and no decent well-lit place to sit down. Sometimes we're required to sign meal and break waivers, too. Where does it end?

[nnurse32]

They only want slippers or bare feet. I was assigned there once, I was not warned of the no shoe policy. I don't want to buy new shoes for a case I'm not permanently assigned. I've been there once in 6 months. It's just to cover for their regular nurse.

[nnurse32]

Thank you. That has been my experience. No breaks, can't get PTO that's on the books, drunks in the house, parents not coming home for hours after the shift ends, and now the no shoes.....

I have had plantar fasciitis before in both feet, not wearing good support while carrying a 55 lb child puts me at risk too.

[nurse2033, MSN, RN]

You have every right to refuse to work there. The client cannot force you work in any unsafe conditions. If your employer insists you must report them.

[elkpark]

I declined the case.

That was going to be my suggestion after reading your initial post. I would refuse to work in that environment, where I was caught between my personal safety and the family's religious requirements.

[GHGoonette, BSN, RN]

This is an interesting question. I know of no Islamic rule that states you may not wear shoes in the house as a "religious" thing, although there may be some obscure law which may apply to non-Islamics, or during fast periods. (Being Arabic, I'm assuming they are Moslems)

Back to the main question; issues of personal safety for their staff should be paramount with any agency. In a situation like this, I would expect your company to at least have the client sign a document making them liable for any injury suffered by the attending nurse during the performance of her duties, but never having worked in HH, I don't know whether agencies ever look beyond the dollar....

For myself, I live in a warm country, so walking barefoot at home is second nature. I find that it is actually safer than wearing shoes on a tiled floor. On a damp surface, I find even non-slip soles can skid, depending on the type of tile. Why don't you try it out yourself at home? Unless it's so cold that you're in danger of getting frostbite

[SleepynurseRN]

I agree with all posts pretty much. Your employer is obligated to comply with federally madated rules and regulations if they participate in the Medicare/Medicaid program, receive federal grants, tax incentives etc.. That means EEOC, OSHA, Medicare Act etc, etc.

What's funny is that Im not sure how strong a worker's comp case or litigation suit would be if a nurse were to be injured. After all, you did have the option to refuse the case rather than subject yourself to an unsafe working environment. ( I'm just saying.. Lawyers and claims adjusters mightg see it that way)

I would say that one case is not worth jeopardizing your career, health and well being. Refuse the assignment and happily accept the next one that ensures your safety.

[Seawitch]

OMG I can't believe the company puts the client before the nurse!!!! *** is with that??????