December 6, 2021

Workplace News

Essential today, on the scrapheap tomorrow

by Leave a Comment

It will be much harder for nurses and midwives to get workers compensation for being infected with COVID-19 if the NSW Liberal/National Party government gets its way.

The Perrottet government has moved to strip nurses and midwives and other essential workers of their automatic right to workers compensation cover for COVID-19.

The government has introduced legislation to state parliament to repeal amendments to the Workers Compensation Act 1987 (NSW) introduced in May 2020.

Under these amendments, workers in health, aged care, disability, transport, hospitality, retail, education, and construction making a workers compensation claim for COVID-19 are presumed to have been infected on the job.

However, under the latest legislation they will have to prove they were infected on the job and not in the community or at the shops.

Angry nurses and midwives sent about 25,000 emails to members of parliament over one weekend in November, urging them to block the government’s planned changes.

NSWNMA General Secretary, Brett Holmes, called the government’s move a disgrace.

“Workers would be forced to engage lawyers to fight their case and produce costly scientific evidence
to prove they got infected at work,” he told a media conference.

“This is increasingly difficult when vaccinated people can carry the disease without symptoms and may not get tested.

“The minimum COVID-19 recovery time is 14 days, yet the average full-time permanent worker gets 10 days’ sick leave per year.

“The most vulnerable healthcare workers are casuals who have helped keep our health system afloat throughout COVID-19. They get zero sick leave.

“If nurses are forced to go through a disputed claims process it could be months before they get an outcome.

“This is out of touch, insulting and cruel.

“We want to make sure all our members are confident they will be looked after when they go to work. And that we won’t have to have to engage the union’s lawyers to mount one hell of a fight to get a couple of weeks’ wages.”

The government says repealing the 2020 amendments will save the average small business $950 a year in insurance premiums.

But Brett said the government is “living in fantasyland” by claiming a saving of $950 will lead businesses to employ more people and increase wages.

“I call upon those small businesses that have advocated for this to think about the workers who keep the health system, the aged care system, the police and other services in operation,” he said.

‘Workers would be forced to engage lawyers to fight their case and produce costly scientific evidence to prove they got infected at work.’— Brett Holmes

Recovering nurse tells MPs: Do the right thing

by Leave a Comment

The law that automatically grants workers compensation to essential employees who get COVID-19 has been a blessing for Josh, a 25-year-old registered nurse at a busy Sydney emergency department.

Josh has worked on the frontline throughout the pandemic, caring for patients as they present to his ED.

He was twice forced to isolate for a total of four weeks, after being identified as a close contact.

Though testing negative both times, he had to spend the four weeks in hotel quarantine because his sister is an asthmatic and his mum has had collapsed lungs.

In October Josh tested positive after an exposure in the ED – despite being fully vaccinated, wearing full PPE, and adhering to strict infection control policies.

He was again required to isolate away from his family.

With the support of the NSWNMA, Josh was able to lodge a workers compensation claim and receive physiotherapy and psychological support to assist his recovery and return to work.

At a Sydney media conference, Josh urged state MPs to “do the right thing and block the government’s shameful repeal of the law”.

“All frontline staff have done an exceptionally good job in attempting to best care for and protect the people of NSW,” he said.

“Taking this support away from one of the most essential services is unjust and simply cruel.

“It will lead casual nurses and midwives to not risk working as they would be financially, physically and physiologically impacted by COVID-19, with no support.

“This will in turn lead to more patients being cared for by fewer nurses, putting even more strain on an already burnt-out workforce.”

All of the ALP and lower house independents Alex Greenwich, Joe McGirr, Greg Piper, plus Shooters, Fishers and Farmers Party MPs Roy Butler, Helen Dalton, Philip Donato and Greens MPs Jenny Leong, Jamie Parker and Tamara Smith voted against the government bill.

The bill will now go to an Upper House Committee with submissions due by 20 December 2021 and a hearing to be held on or about 21 January 2022.

The bill can still be defeated in the upper house.

ED staff demand Premier fix Westmead Hospital issues

by Leave a Comment

An open letter has been sent to the NSW Premier and the Health Minister calling for urgent action to address what clinicians have described as ‘chronic understaffing’ and ‘access block’ inside Westmead Hospital’s emergency department (ED).

Signed by over 200 emergency department nurses, registrars, senior medical officers, administration, orderlies and security guards, the open letter highlights a range of issues which have resulted in unsafe conditions for patients and staff.

The NSW Nurses and Midwives’ Association (NSWNMA) said widespread concerns were raised with Western Sydney Local Health District (WSLHD) over two years ago, yet little had been done to fix them.

Yesterday afternoon, medical, nursing and allied health staff met with WSLHD Chief Executive Graeme Loy, who has now referred the concerns raised by staff to a working group at the local level.

NSWNMA Westmead Hospital Branch Secretary, Timothy Blofield, agreed ongoing issues inside the ED had been compounded by a junior-heavy workforce and responding to the pandemic.

“Our ED nurses have been battling these issues on a daily basis and it has been relentless for everyone in the department,” said Mr Blofield.

“These working conditions have taken a massive toll on the wellbeing, mental health and morale of all the ED staff, with increased amounts of sick leave, overtime and sadly, even resignations.

“A surge in COVID-19 presentations thanks to the recent Delta outbreak has been an extra burden, with increased risks and safety concerns piling on to an already overwhelmed department.”

NSWNMA General Secretary, Brett Holmes, said it was unacceptable the ED of Western Sydney’s largest tertiary referral hospital was consistently one of the poorest performers.

“While our members will try to work with local management on this, they are concerned the working groups will not deliver the changes that are needed within a suitable time frame. The Health Minister needs to step in and provide assurances that the Local Health District will get the additional funding needed to match the growing demand being placed on this facility,” said Mr Holmes.

“Expert advice is also required to develop effective strategies that will address the access block and relieve congestion that builds regularly in the ED. They need some longer-term strategies implemented, rather than band-aid solutions.

“Management taking the time to meet with staff yesterday afternoon to discuss solutions is a step in the right direction, but it will mean little if there are no actions taken soon as it is imperative that changes are put in place to fix the dire situation at Westmead Hospital.”

The open letter also outlines several ED staffing improvements to boost safe patient care, including:

  • a minimum of 1 nurse to a maximum of 3 patients; and 1:1 nursing care in resuscitation bays
  • increased ED medical staffing across all shifts (morning, afternoon and evening)
  • additional Mental Health Clinical Nurse Consultant and Psychiatry Registrar 24/7
  • 1.4 full-time equivalent (FTE) Clinical Nurse Educators per 30 nursing staff
  • 1.0 FTE Nurse Educator; and 1.0 FTE permanent Equipment Officer
  • a minimum of 90% registered nurses to be skilled in emergency nursing

The NSWNMA said it was continuing to support members who had described the situation as ‘at breaking point’ and urged the NSW government to prioritise the health and wellbeing of all staff trying to provide safe care to their ED patients.

MPs receive over 40,000 emails against changes to workers compensation 

by Leave a Comment

Members of parliament have received over 40,000 emails from nurses, midwives and their supporters, calling on them to oppose proposed changes to the workers compensation scheme. 

The show of force from healthcare workers stems from an attempt by the Perrotet government to remove s 19B of the Workers Compensation Act. This would force frontline workers to prove that they contracted COVID-19 at work before they are eligible for workers compensation – which would ultimately make it harder for workers to access the scheme. 

The emails call on parliamentarians from both houses of parliament to “think of the nurses and midwives at [their local] hospital” when considering how to vote. 

NSW Nurses and Midwives’ Association General Secretary, Brett Holmes, called the attempts to repeal s 19B as “a disgrace”. 

“We call on the Premier to withdraw his intention and to continue to care for the workers who have cared for NSW”, he said. 

While intention of the repeal has been flagged by the Perrotet government, debate on the matter has yet to commence.  

Nurses, midwives and their supporters are urged to continue to lobby their local parliamentary representatives. You can access the “Email your MP” tool here. 

Government attacks workers battling COVID-19, in favour of small business

by 1 Comment

The NSW Nurses and Midwives’ Association (NSWNMA) says its members are outraged by the NSW government’s intention to clawback amendments to the Workers Compensation Act 1987 regarding COVID-19 claims.

NSWNMA General Secretary, Brett Holmes, said upper house members of parliament received more than 24,800 emails from public sector nurses and midwives over the weekend, begging them to block the government’s planned repeal. A further 590 emails were sent to lower house MPs.

“Despite their efforts to go above and beyond for the past 22 months, essential workers who are infected with COVID-19 will face significant hurdles if this repeal goes ahead,” said Mr Holmes.

“Healthcare workers are at heightened risk of exposure from patients, visitors and other colleagues in their workplaces.

“Yes they can make a workers’ compensation claim, but if they are forced through a disputed claims process it could be months before they get an outcome, or a long time without any income if they’re a casual worker.

“This clawback would have a huge impact on the casual health workforce. The minimum recovery time is 14 days, yet the average full-time permanent worker gets 10 sick leave days per year, part- time/temporary workers even less, and casuals get zero sick leave.

“Our health and aged care sectors have relied heavily on these workers during the pandemic and now they’re being left to fend for themselves against their employers and their insurer, iCare.

“If the government’s repeal succeeds, workers would be forced to engage lawyers to fight their case and produce costly scientific evidence to prove a connection between their infection and exposure at work, something increasingly difficult when vaccinated people can carry the disease without symptoms and may not get tested.

“Not only have nurses, midwives and other frontline healthcare workers shown up to work, day after night, exposed to risk – they’ll continue to be exposed to unvaccinated and potentially infectious patients as they go about their work. Yet this government wants to place the financial burden of contracting COVID-19 back on these workers, not to mention increase the unnecessary cost of contested claims.

“The pandemic has taken an unprecedented toll on nurses, midwives and other healthcare and frontline workers, and this is how the NSW government values them.

“Not only is this repeal out of touch, it’s insulting and cruel, particularly when it’s the workers right across NSW that this government is relying upon to rebuild our economy.”

The government wants to repeal Section 19B of the Act, to save small businesses insurance premiums by $950. However, the claim that this is a make or break decision for employers to hire someone or pay higher wages is farcical.

Health care sector leads in WHS injury stats 

by 2 Comments

The health care and social assistance sector has again laid claim to the shameful statistic of leading the country in terms of injuries sustained at work. 

A Safe Work Australia report has found that 21 603 health care and social assistance workers sustained a serious injury at work in the 2021 reporting period, accounting for a 10% increase from the previous reporting period. Serious injuries are considered to be those which require a worker to be absent for a week or longer on workers compensation.  

These injuries in the health care and social assistance sector account for 18% of all injuries sustained by workers in the workplace. 

Comparatively, other industries usually considered more “dangerous” such as construction and manufacturing account for just 13% and 12% respectively. 

According to the research, this means that 12.3 health care workers were injured for every 1 000 workers in the industry. 

NSW Nurses and Midwives’ Association General Secretary, Brett Holmes, indicated that improvements must be made in the sector to keep nurses and midwives safe. 

“Nurses and midwives are highly regarded community members. They deserve better,” he said. 

“No-one should feel unsafe in the workplace”. 

The NSW Nurses and Midwives’ Association is leading the charge on ensuring health care workplaces are safer for staff. To find out more about our Safer Work, Safer Care campaign, visit our website.