In New South Wales, all workers have a legal right to refuse to work in unsafe situations. Section 84 of the NSW Work Health and Safety Act 2011 makes this clear.

It says: “A worker may cease, or refuse to carry out, work if the worker has a reasonable concern that to carry out the work would expose the worker to a serious risk to the worker’s health or safety, emanating from an immediate or imminent exposure to a hazard.”

Nurses and midwives can exercise this legal right as individuals or as a group. They also have the right to seek advice and support from their NSWNMA branch and union staff.

The first step is to inform management verbally or in writing of your refusal to put yourself in danger. You must make yourself available for suitable alternative duties.

Next, make a verbal or written report to SafeWork NSW. Your NSWNMA branch can help with this. SafeWork may make interim recommendations for a safer workplace pending an inspection of the worksite.

Don’t assume management will act to fix the problem – or even follow SafeWork recommendations.

As we report below, NSWNMA members at Grafton Hospital have found they need to be vigilant and gather wide support from fellow workers to force management to make the workplace safer.

Saying ‘No’ to unsafe work

“However, the branch helped and supported the ED nurses who are all NSWNMA members.

Alarmed by escalating violence in the emergency department, nurses at Grafton Base Hospital have used the Work Health and Safety Act to successfully pressure Northern NSW Local Health District to employ a second security guard.

It’s the latest chapter in a long battle by nurses to make the ED safer for staff and the public. About three years ago, after a nurse was seriously assaulted in the ED, members exercised their right to refuse to work in an unsafe environment under Section 84 of the Work Health and Safety Act 2011.

“ED nurses told management that if a security guard was not on duty in the ED by the start of night shift, then  that  shift  would not take the floor,” said Darren Demmery, president of the NSWNMA’s Clarence Valley Branch.

“ They said they would make themselves available for work – just not in the ED.

“The nurses also phoned SafeWork NS W, wh ich i m me d iately recommended the LHD put a security guard in the ED 24/7 as an interim measure.

“Two hours later we had a security guard stationed in the ED – in addition to a guard already employed to cover the whole hospital.

“The action was taken by ED nurses as a group rather than the branch because it is not strictly an industrial matter and the union can’t be officially involved.

“As one of the hospital health and safety reps I am legally entitled to get assistance from anyone, so I chose to call on the union and their knowledge and expertise around safe work legislation.”

SAFEWORK RECOMMENDED A GUARD

Darren said SafeWork later inspected the ED and recommended a guard remain permanently stationed there. “However, a year later on Christmas eve the LHD said we didn’t need a guard anymore because ‘he wasn’t doing anything’ and took him away.

“They failed to acknowledge that the guard is stationed in the ED to deter violence. His presence gives nurses some peace of mind that they don’t always have to watch their backs.”

The branch responded to the withdrawal of the guard by passing a resolution calling on the LHD to review hospital-wide security with a focus on the ED.

The LHD agreed to a review by the district security manager – then failed to implement his recommendation which endorsed a security guard in ED 24/7.

“The issue blew up again at the end of last year, when three doctors had to crash tackle a patient to make themselves and everyone else in the department safe,” Darren said.

“Around the same time, SafeWork came in for a scheduled review and issued five Provisional Improvement Notices. The main one was to put a guard permanently in ED – but again management refused to follow that recommendation.

LETTERS OF SUPPORT

“ED nurses then signed form letters provided by the branch which notified management that nurses would no longer work in the department without a security guard.

“About 70 colleagues around the hospital including doctors, surgeons and nurse managers also signed the forms as a gesture of support.

“When nurses told the LHD we were going to do a Section 84 again, and refuse to work in ED without a guard, the LHD took us to the Industrial Relations Commission.

“They claimed we were taking unauthorised industrial action but the IRC said no, we were simply exercising our rights under the Work Health and Safety Act.”

“We finally got the second security guard and we are negotiating with management as to where that guard will work.

“At present, he has to cover other areas of the hospital as well as the ED.

“Guards also have to do non-security work such as patient transfers, which means they are not readily available in an emergency.”

Darren said ED nurses are ready to invoke Section 84 again and refuse to work in the unsafe department if management refuses to make it safer.

“Management can come and run the ED themselves if they feel safe enough.”