Labour Court Database __________________________________________________________________________________ File Number: CD95341 Case Number: LCR14919 Section / Act: S26(1) Parties: MIDLAND HEALTH BOARD - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION;PSYCHIATRIC NURSES' ASSOCIATION |
Staffing levels at night in St. Fintan's Hospital, Portlaoise.
Recommendation:
Given the nature of the duties undertaken by the staff, it is
difficult to arrive at a manning level that will remove all risks
attached to the job.
The Court obviously has to be guided by medical expertise in this
area.
The Board has expressed confidence that the proposed staffing is
sufficient but has accepted that situations could arise when it
would be prudent to have an extra nurse on duty at night.
The Court recommends that:-
(a) the Board clearly outlines the situations and
circumstances that would warrant the rostering of an extra
nurse and that the Board roster accordingly;
(b) the Board put in place procedures to deal with violent
situations that might arise when only two staff are on
duty.
Division: Mr Flood Mr Pierce Mr Walsh
Text of Document__________________________________________________________________
CD95341 RECOMMENDATION NO. LCR14919
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
PARTIES:
MIDLAND HEALTH BOARD
AND
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
PSYCHIATRIC NURSES' ASSOCIATION
SUBJECT:
Staffing levels at night in St. Fintan's Hospital,
Portlaoise.
BACKGROUND:
1. The claim is by the nursing staff for the provision of one
extra nurse to be deployed in the assessment unit and
rehabilitation ward for night duty in St. Fintan's Hospital,
Portlaoise.
Following a number of attacks on nurses (both verbal and
physical) it was agreed on 9th May, 1995, that an additional
nurse would be assigned to the hospital, with the Chief
Nursing Officer exercising the right to roster the nurse to
the area of greatest need at any particular time. This
arrangement was to continue until 23rd May, 1995, when the
parties were due to attend a conciliation conference. The
dispute had already been the subject of a conciliation
conference on 31st August, 1994.
At the conciliation conference, no agreement was reached.
The Board was prepared to accept the Industrial Relations
Officer's (IRO) recommendation to have the situation assessed
by an independent third party. The extra nurse would
continue to be assigned to the hospital if the Unions agreed
to interim arrangements on acting up and deployment of staff.
The Unions were not agreeable and the dispute was referred to
the Labour Court on 2nd June, 1995, in accordance with
Section 26(1), Industrial Relations Act, 1990. A Labour
Court hearing took place on 19th September, 1995, in
Portlaoise (the earliest date suitable to the parties).
UNION'S ARGUMENTS:
1. At one time the wards in question had a staff of six nurses.
At present the staff is three, including a nurse rostered on
an interim arrangement. All staff agreed that the addition
of the extra nurse deployed from 9th May, 1995, made the
nurses on night duty feel safer and more relaxed in carrying
out duties.
2. The average number of admissions into the assessment unit is
approximately 500 per annum, with 25% of the admissions
taking place at night. Many of the patients have a history
of violence. It is vitally important that a nurse should
have back-up in what is a potentially dangerous situation.
The present staffing arrangements should continue.
BOARD'S ARGUMENTS:
1. The Board was prepared to accept the IRO's recommendation
at the conciliation conference on 23rd May, 1995. The issue
of staffing at the Hospital cannot be taken in isolation.
There are a number of issues - acting up,
integration/segregation, equality legislation, freedom in
relation to staff deployment and injuncted staff - which have
to be addressed.
2. The Board has responded positively to the issue of safety to
staff. One nurse has undergone training in challenging
behaviour/control and restraint. This nurse will provide
training to staff who may have to deal with potentially
violent situations. The Board has also provided a panic
alert system which has a monitoring station in each ward.
RECOMMENDATION:
Given the nature of the duties undertaken by the staff, it is
difficult to arrive at a manning level that will remove all risks
attached to the job.
The Court obviously has to be guided by medical expertise in this
area.
The Board has expressed confidence that the proposed staffing is
sufficient but has accepted that situations could arise when it
would be prudent to have an extra nurse on duty at night.
The Court recommends that:-
(a) the Board clearly outlines the situations and
circumstances that would warrant the rostering of an extra
nurse and that the Board roster accordingly;
(b) the Board put in place procedures to deal with violent
situations that might arise when only two staff are on
duty.
~
Signed on behalf of the Labour Court
4th October, 1995 Finbarr Flood
C.O.N./A.K. ----------------
Deputy Chairman
Note
Enquiries concerning this Recommendation should be addressed to
Mr. Ciaran O'Neill, Court Secretary.