Some employees are making a fuss about the personal protective equipment we use, claiming it’s substandard and not safe. The heck of it is, they might be right, but I don’t have the time or ability to investigate our overseas sellers. How do I legally quell the loud employees who are threatening to sue, and handle the possibly shady supplier?
The pandemic and the spread of COVID-19 virus in the United States creates very serious issues and potential liability to organizations serving seniors such as nursing homes, assisted living facilities, life care or continuing care facilities and senior housing facilities.
These organizations have an obligation to protect the seniors they serve from infectious diseases, including the COVID-19 virus. They also have a duty to protect employees from contracting it.
In order to protect employees, the PPE you provide must comply with all federal and state regulations. This duty must be taken seriously.
You may need to retain an expert to review PPE compliance. You may also demand that the supplier of the PPE certify that what they have sold to you is compliant. Your agreement may also cause them to indemnify you if their PPE is not compliant and causes harm to your employees.
The same expert who advises you on the PPE also should review your policies and procedures on infection prevention.
If you follow the policy and procedures to prevent infection, you will decrease or defeat your potential liability to your residents. As the pandemic continues or expands, you will need to continue to monitor these issues to defeat liability and protect the seniors you serve, and protect the employees who serve them.
From the November 2020 Issue of McKnight's Long-Term Care News
