ASRM lawyer Inna Soțchi proposes the following legal solutions based on the WHO recommendations
COVID19 – How do we protect healthcare workers?
More and more medical workers are complaining that they are not being provided with proper protective equipment. The complaints are quite legitimate in a situation where we already have more than 400 healthcare workers infected with COVID19.
- “National standards”
But what is proper protective equipment? In Moldova, there is no legislation that would define the types of protective equipment for each category of healthcare workers.
In fact, no concept of health care worker is approved, so that we can say that it includes: doctors, managers of health care institutions, nurses, medical assistants, nurses, pharmaceutical workers, dental workers, including auxiliary staff responsible for the maintenance of health care institutions (guards, cleaners, etc.).
- WHO standards
In spite of this regulatory vacuum, the WHO has issued a set of relevant recommendations that also apply to Moldova:
1. Healthcare workers, including ambulance drivers who may come into contact with and/or care for COVID19 infected patients must wear: medical mask, gown/coverall, gloves, goggles or medical visor.
2.Medical workers performing aerosol-generating procedures (including dentists) in addition to the above-named equipment are to be equipped with standard N95 or FFP2 respirator, or equivalent, and protective apron.
3. Staff responsible for cleaning and maintenance of premises where COVID – 19 infected patients are investigated, treated and transported must be equipped with a medical mask, gown, goggles or medical visor if there is a risk of splashing with biological materials, resistant gloves, closed work boots.
These are minimum requirements set by the WHO worldwide. Each country is free to approve nomenclatures of equipment that are much more performing.
Can medical workers refuse to perform their duties without proper protective equipment?
Failure to provide healthcare workers with the minimum equipment guaranteed by the WHO can have legal consequences.
The categories of employees listed above may suspend their employment contract on the basis of Article 78(e) of the Labor Code on the grounds that the working conditions do not comply with the rules of health and safety at work.
To suspend the contract the employee is obliged to notify the employer in written form, and to resume work within 3 days after the hazard has been removed (i.e. by providing the appropriate protective equipment).
The given suspension can only be carried out if the healthcare worker is not obliged at the time of the suspension to render aid to a patient whose health and life are in danger.
Inna SOȚCHI
Avocat, Expert Asociat FIDES This material is for general information purposes only, is not intended to address the particular circumstances of any person or entity and does not constitute professional or legal advice.
Tel. +373 69 836 775
E-mail: contact@fides.md