Nursing example case study

Background

A labour hire provider placed five registered nurses as labour hire workers with a large hospital. The labour hire nurses were required to wear personal protective equipment, including N95 or P2 masks, also known as respiratory protective equipment (RPE). Where nurses are required to wear RPE, there should be a respiratory protection program in place. The program should include training and individual fit testing for each employee. Training and individual fit testing is necessary for all employees required to wear RPE, including labour hire nurses.

Issue

The labour hire provider did not organise individual fit testing for its labour hire nurses before they went on site. The labour hire provider assumed the host employer would provide fit testing as part of its occupational health and safety responsibilities. The host employer assumed the labour hire provider would undertake education, training and fit testing with the labour hire nurses and provide them with the results. The host employer had a range of masks available. It believed it would have suitable masks to supply the labour hire nurses based on the results of the fit testing. The misunderstanding meant the host employer did not allow for fit testing as part of its induction and there was a delay in the labour hire nurses starting work.

Next steps

The labour hire provider and host employer have a shared duty under the Occupational Health and Safety Act 2004 (OHS Act) to provide a working environment that is safe and without risks to health. Under the OHS Act, they must also consult, cooperate and coordinate activities with each other, so far as reasonably practicable, to ensure all duties to labour hire workers are met.

In accordance with their obligation to consult, cooperate and coordinate, the labour hire provider and host employer met to discuss the breakdown in communication and their shared duties. They coordinated who is responsible for the education, training and fit testing for labour hire nurses to ensure the same issue does not happen again.

Outcome

Through the consultation process, both parties decided the host employer would be responsible for fit testing. The host employer had an established fit testing process in place at the hospital and could develop a process to include fit testing for labour hire nurses at induction. The labour hire provider would take responsibility for providing education and training on RPE, including safe donning and doffing of personal protective equipment including RPE.

The labour hire provider and host employer agreed to provide each other with information on health and safety training and induction procedures to avoid miscommunications in the future. During the consultation process, the host employer and labour hire provider further discussed their shared occupational health and safety duties. They agreed to document responsibilities and actions to ensure they both meet their obligations without leaving gaps in the health and safety of labour hire nurses.

Labour hire provider improvements

• Consult with the host employer before placing new labour hire nurses.
• Document agreed shared duties from the consultation process, including the person responsible for labour hire nurses.
• Outline how the labour hire provider will cooperate and coordinate with the host employer.
• Provide the host employer with updated information about what health and safety training the labour hire nurses have received, including education and training on RPE.
• Appoint a nominated health and safety contact for any matters relating to labour hire nurses.
• Respond to any reasonable requests from the host employer regarding shared health and safety duties relating to labour hire nurses.

Host employer improvements

• Document agreed shared duties from the consultation process, including the person responsible for labour hire nurses.
• Where required, include fit testing as part of the induction process for labour hire nurses when they arrive at new workplaces.
• Ensure there is adequate supply of RPE for all employees, including labour hire nurses.
• Supply the labour hire provider with updated information on the induction process for labour hire nurses.
• Appoint a nominated health and safety contact for any matters relating to labour hire nurses.
• Respond to any reasonable requests from the labour hire provider regarding shared health and safety duties relating to labour hire nurses.