LEGISLATION. RIGHTS Legislation is a body of laws that govern the behaviour of a country’s residents. Legislation is enforced by the courts. A right is.

LEGISLATIOLEGISLATIONN

RIGHTSRIGHTS•Legislation is a body of laws that govern the behaviour of a country’s residents.

• Legislation is enforced by the courts.

• A right is something to which a person is justly entitled.

•Moral rights - based on a sense of fairness

• Legal rights - recognized by law

RIGHTSRIGHTSBASIC HUMAN RIGHTS IN CANADA

The Canadian Charter of Rights and Freedoms protects human rights in Canada. It is part of the constitution and applies at all levels of government.

• The charter lists basic rights and freedoms including:• Freedom of conscience and religion• Freedom of thought, belief, opinion and

expression• Freedom of peaceful assembly and association• The right to vote• The right to equality before and under the law,

without discrimination based on race, ethnic origin, colour, religion, sex, or mental or physical disability

RIGHTSRIGHTSBASIC RIGHTS OF PEOPLE RECEIVING

HEALTH SERVICESBILLS OF RIGHTSGenerally, all clients have the following rights:• the right to be treated with dignity and respect• the right to privacy and confidentiality• the right to give or withhold informed consent• the right to autonomy

Health care legislation consists of acts and regulations• Act - another term for a specific law (see examples pg 96

Box 10-1)• Regulations - consist of detailed rules that implement the

requirements of the act.

Sometimes clients can not exercise their rights due to:• Illness or injury• Physical or mental disabilities• Old age, if the person is confused or unable to make

decisions

LEGAL ISSUESUNDERSTANDING LEGAL ISSUES• You are legally responsible (liable) for your

actions• Criminal law - offences against the public

and society in general• Crime - a violation of criminal law• Civil law - deal with the relationships

between people• Tort - a wrongful act committed by an

individual against another person or the person’s property

TORTSTORTSUNINTENTIONAL TORTS• Negligence is when you fail to act in a careful and

competent manner and thereby harm a person or damage property. Negligence can be caused by:

• Not performing a task or procedure correctly• Performing a task or procedure that you are not qualified to

perform• Making a mistake

INTENTIONAL TORTS• Assault - intentionally attempting or threatening to touch a

person’s body without the person’s permission• Battery - the actual touching of a person’s body without the

person’s consent• Always be aware of the client’s wishes before you perform a

task or procedure. • Clients can withdraw consent at any time. If this happens,

inform your supervisor.• Both may result in both civil and criminal charges

TORTSTORTS• False imprisonment is the unlawful

restraint or restrictions on a person’s freedom of movement

• Invasion of privacy -Every person has the right not to have his/her name, photo, private affairs, health information exposed or made public without having given consent.

• Defamation of character - injuring the name and reputation of a person by making false statements to a third person.

• Libel - in print• Slander – orally/verbally

YOUR RIGHTSYOUR RIGHTSYOUR LEGAL RIGHTS

Legislation ensures that Canadian workers receive fair wages and work in a fair and safe environment. All provinces have legislation that address:• human rights• occupational health and safety • employment• labour relations• workers compensation• long-term care services• community services• Etc…

SEE HANDOUT

HEALTHCAREHEALTHCARESAFETYSAFETY

SAFETYSAFETY• Safety is a basic need and right. • You, your clients and your co-workers have the

right to a safe setting.• Your employer is responsible for providing a safe

working environment.• Occupational Health & Safety (OH & S)

legislation is designed to protect employees from injuries and accidents in the workplace.

• Employers, employees, and supervisors are responsible for health and safety.

• If you feel your safety has been jeopardized, report to your supervisor immediately

• If an accident occurs, an incident report needs to filled out

• You have the right to refuse unsafe work

SAFETYSAFETY• OH & S legislation is designed to protect

employees from injuries and accidents in the workplace.

• Employers, employees, and supervisors are responsible for health and safety.

• OH & S Legislation includes:• Who is covered by the act• Joint Health & Safety Committees• Health & Safety Representatives• Duties of Employers & other persons• The right to refuse work• The right to stop work• Workplace violence and harassment• Toxic Substances

SAFETYSAFETY• The Government of Ontario and its workplace

partners are committed to eliminating all workplace injuries.

• Safe At Work Ontario is the Ministry of Labour’s (MOL’s) compliance strategy, designed to:• improve the health and safety culture of

workplaces,• reduce workplace injuries and illness,• lessen the burden on the health care system,• avoid costs for employers and the Workplace

Safety and Insurance Board (WSIB), and• provide a level playing field for compliant

companies.

SAFETYSAFETYERGONOMIC INJURIES

•Ergonomic injuries, often called musculoskeletal disorders, affect the muscles, tendons, nerves, ligaments, joints and/or blood vessels.  •Ergonomic injuries are typically caused by or made worse with repeated exertions, awkward positions and / or forceful movements.Ergonomic Injuries:•Often occur in the neck, back, shoulders, elbows, wrists or hands•Are commonly caused by wear and tear on a tissue instead of one “incident”•Have a gradual onset and worsening of symptoms over time•Develop over a period of weeks, months or even years

SAFETYSAFETYBACK INJURIES

•Most common cause of absenteeism in the general workforce.•Healthcare industry workers sustain 4.5 times more back injuries than any other type of worker.•5 of the top 10 professions at greatest risk for back injuries are:• PSW/HCA• RPN• RN• Radiology techs• PT

•1/3 of nurses do not report their injuries

SAFETYSAFETYCAUSES OF BACK INJURIES

•Aging workforce•Sicker patients•Staffing shortages•Obesity (patients and staff)•Falls•Improper lifting/transferring

PREVENTION IS THE KEY

SAFETYSAFETYNEEDLESTICK INJURIES

•Needlestick injuries are wounds caused by needles that accidentally puncture the skin. •Hazard for people who work with hypodermic syringes and other needle equipment. •These injuries can occur at any time when people use, disassemble, or dispose of needles. •When not disposed of properly, needles can become concealed in linen or garbage and injure other workers who encounter them unexpectedly.

SAFETYSAFETY• Needlestick injuries transmit infectious

diseases, especially blood-borne viruses. • In recent years, concern about HIV, hepatitis

B, and hepatitis C has prompted research to find out why these injuries occur and to develop measures to prevent them. • Many hospitals have switched to “needleless

systems” to prevent these injuries• Nurses have the most needlestick injuries of

all healthcare professions (52% of all needlestick injuries)• Most injuries occurred when drawing blood

FIRE SAFETYFIRE SAFETYWHAT TO DO DURING A FIRE• The key to surviving a fire is being

prepared before one starts• Know your employers policies and

procedures (CODE RED)• Know where to find fire alarms,

extinguishers and emergency exits

FIRE SAFETYFIRE SAFETYUSE THE ACRONYM RACER – rescueA – alarmC – confineE – extinguish

• Know where the fire extinguishers are kept and how to use them. • Remember, different extinguishers are

used for different types of fires.

FIRE SAFETYFIRE SAFETY• PULL THE PIN, AIM LOW AT BASE OF FIRE • SQUEEZE HANDLE, SWEEP SLOWLY AT BASE OF FIRE • STAY LOW TO AVOID HEAT AND SMOKE CLASS A • water • Ordinary Combustibles: paper, cloth, wood, rubber,

many plastics. CLASS B • CO2

• Flammable Liquids: • oil, grease, gasoline, some paints, solvents etc. CLASS C • dry chemical • Electrical: • wiring, fuse boxes, electrical equipment etc. CLASS D • special liquid or powder • Combustible Metals: magnesium,

DISASTER CODESDISASTER CODES

SAFETYSAFETYWHMIS

WHMISWHMIS• The acronym WHMIS stands for:• Workplace Hazardous Materials Information

System • This regulation was introduced into the

Occupational Health and Safety Act of Ontario in 1987

• WHMIS gives a worker the right to know what they are handling

• Federal WHMIS applies to importers, manufacturers, and suppliers of hazardous materials

• The Hazardous Products Act for controlled products states that national suppliers are to provide labels and Material Safety Data Sheets to all buyers

WHMISWHMIS• MSDS stands for:• Material Safety Data Sheets

• MSDS is a print out on paper that identifies how to handle, store, use, health effects if exposed, emergency procedures, and protective measures

• MSDS must be updated by the supplier every 3 years

• Under the Occupational Health and Safety Act in Ontario, employers are to make sure that all hazardous materials are labeled appropriately and that a MSD sheet accompanies the product

• On any controlled hazardous product two labels must be properly labeled with a supplier and a workplace sticker

WHMISWHMIS• Supplier labels must be attached to the controlled

product container which has detailed information about the product.

• Legislation states that 10 kg or more of a controlled product or hazardous material from a supplier must contain the following information: • both official languages • have a WHMIS border • identifies the material or product name (i.e. common

name, chemical name, trade name, generic name, brand name, code name or number)

• name and address of the supplier • reference to a MSD sheet • WHMIS hazard symbols

WHMISWHMIS• In addition to this and if the container has more

than 100 milliliters the following information must be on the label:

• risk time factors • precautionary measures while using or being exposed to

the product/chemical • First aid measures to address immediate injuries and

not progressive illnesses

Workplace labels must be identified on a container that is not from the supplier, and must contain the following information:

• material identifier or product name • reference to a MSD sheet • precautionary steps • first aid measures

CONFIDENTIALITY• Health care professionals have the

ethical and legal responsibility to maintain the confidentiality and privacy of client health information while providing care. • The Personal Health Information Protection Act (PHIPA) ensures this. The PHIPA permits the sharing of personal health information among health care team members to facilitate efficient and effective care.

CONFIDENTIALITYWHAT IS PERSONAL HEALTH INFORMATION?

• Any information relating to:• Physical or mental health (including family hx)• Previously provided care (including those who

provided the care)• A plan of service• Payments or eligibility for health care• Donation of body parts (including blood)• Information gained by testing of body parts or blood• A person’s health card number• The name of a client’s SDM

This information must be kept confidential, otherwise, termination of employment and possible legal issues may arise.

CONSENTThe Health Care Consent Act sets out very clear

rules on when consent is required for treatment, who may give consent, and how to obtain that consent.

WHAT DO YOU NEED CONSENT FOR?

• Consent to tx• Consent to admission to a health care facility• Consent to personal assistance• The elements of consent include:• The consent must related to the tx• The consent must be informed• The consent must be given voluntarily

CONSENTConsent must be informed this means that the

patient understands the following:• The nature of the tx• The expected benefits of the tx• The risks of the tx• The side effects of the tx• Alternative courses of action• The likely consequences of not having the tx

Consent may be:• Implied: Consent that can be reasonably assumed

from an individual’s actions or inactions. • Expressed: can be given in writing, orally or

electronically.

CONSENTWHO OBTAINS CONSENT?• A physician is responsible for obtaining consent

and no other health professional.• If capable, the pt. makes the decision. If

incapable, the substitute decision maker (SDM) will make the decision for the pt.

WHO CAN GIVE CONSENT?• There is no age of consent in Canadian healthcare • Consent may be given as long as the person:• understands the information that is important to making

a decision • understands the consequences of the decision