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Whistleblowing
- Reporting Unsafe Conditions
What is the responsibility
of the nurse?
To provide safe patient care. If you observe unsafe,
unethical, or substandard conditions or care, or if
you are prevented from delivering appropriate patient
care, you have a professional obligation to report
those situations to your employer. What is the responsibility
of the employer?
To provide a safe and secure environment for both
staff and patients. To provide internal procedures
to address concerns of staff. Employees have a right
to a safe and secure working environment. When adverse
conditions exist they should be addressed in a cooperative
manner within the organization. Check your employee
handbook for the appropriate steps to take. The typical
handbook addresses a grievance process or problem
resolution. Follow the steps carefully to work toward
a solution. Persistent unresolved problems, however,
may require outside intervention. If you have reported
unsafe care or conditions to the public that your
organization fails to report or resolve, you may be
labeled a whistleblower. An increasing number of nurses
are joining this group and many are experiencing retaliation
from their employers despite the accuracy and gravity
of their information. Making the decision to blow
the whistle requires serious thought and preparation. Government Regulations
- Both state and federal laws
provide little, if any, protection for whistleblowers
in health care.
- Maryland is an at-will state
(an employee may be terminated at the will of
the employee for any reason or no reason).
JCAHO Standard
- Requires that all health care
organizations have a process to address issues
involving patient care.
- Specifically requires that
all sentinel events be reported.
- Sentinel events include unexpected
occurrences involving death or serious physical
or psychological injury, or the risk thereof.
These events are called "sentinel" because
they signal the need for immediate investigation
and response.
How to report unsafe
conditions/care
- Laws and regulations frequently
change. Seek legal advice.
- Work within your organization
first
- Document and report your
findings to your supervisor.
- Include suggestions to
improve/fix the situation.
- Be professional and state
only the facts; don't make it personal.
- Don't wait too long for
results. Escalate your concerns to the next
level and on to the top if necessary.
- Continue to collect documentation
/ keep copies.
- Only when all possible
channels have been exhausted, take your concerns
outside the organizatio
- Proceed with caution
- Talk with your family and close friends
about this decision.
- Consider the fact that you may not be able
to remain anonymous.
- Identify your support system and potential
allies.
- Maintain good relations within your organization.
- Maintain an unbiased, factual log of events
- Seek legal advice if you have not already
done so.
- Send all documentation certified in order
to receive a return receipt.
- Conduct all your whistleblowing activity
on your own time not on company time.
- Continue to perform your job with the utmost
attention to your own safe performance of
patient care.
- Who to contact
- MNA
- BON
- Contact OSHA
to report workplace conditions that are causing
employees to suffer diminished health, functional
capacity, or life expectancy as a result of
his work experience. This includes physical
hazards as well as health hazards.
- Contact MOSH
( Maryland Occupational Safety and Health)
- Work to further Patient Advocacy
by supporting Whistleblower protection.
- Work with the MNA.
- Become politically active.
- Strengthen your leadership skills and encourage
your colleagues to do the same
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