Hi There - my only problem with quoting the HSWA is that it is statue barred therefore should not be used within civil liability claims.
regards
Angela
----- Original Message -----
From: Greta Thornbory
To: [log in to unmask]
Sent: Sunday, December 03, 2006 11:53 AM
Subject: Re: [OCC-HEALTH] Coshh and mrsa
Hi Folks
I do think the debate on MRSA is interesting and was about to comment myself when a colleague, better placed than myself, asked me to pass on the following... (with which I whole heartedly concur)
Regarding the recent issue raised concerning MRSA relating to victims and relatives of victims seeking to sue hospital trusts using COSHH. Sooner or later the spotlight will include C.Diff and other HAIs (hospital acquired infections), it's simply a matter of time.
Victims and/or their relatives could use COSHH or, Section 3(1) of the Health & Safety at Work Act instead if they choose. They do not have to prove that MRSA was contracted while in hospital. All they would have to prove [on the balance of probabilities] is that the hospital trust failed to adequately control the risk of infection [whether caused by or made worse by their treatment]. Under S3(1) HSW 1974, the wording of the writ would change ever so slightly, and use a form of words such as "the hospital trust (or other health care institution) failed to conduct its undertaking in such as way as to eliminate or, minimise the risk of infection....etc".
All the other debate concerning pre-employment screening is simply missing the point.
Surely a much better way to deal with situation is to ensure that:
1. Adequate polices and procedures are in place to deal with infection control
2. Employees (all of them) are appropriately informed and trained about the chain of infection and infection control (something I am sure does not happen properly)
3. There is appropriate monitoring and supervision to ensure that the policies and procedures are followed.
Hence it is a management/infection control problem which OH should be advising and supporting management to deal with - not running around wasting time undertaking unnecessary and worthless screening procedures!
Cheers, Greta
Greta Thornbory
Consultant, Occupational Health & Education
Consultant Editor, OH Journal
www.gtenterprises-uk.com
Tel: 01235 770156
Mob: 07778 518 027
----- Original Message -----
From: Chris Packham
To: [log in to unmask]
Sent: Saturday, December 02, 2006 12:38 PM
Subject: Re: [OCC-HEALTH] Coshh and mrsa
Just to add to Diane's comments, surely it would have to be shown that the infection was the result of some negligence on the part of the NHS Trust and that this was not an infection due to some outside source.
Just consider what you see in a hospital if you stand in a ward...
A number of patients
A few nurses
Even fewer doctors - and occasionally a consultant
A significant number of ancillary staff, e.g. cleaners, porters etc.
... and then the great "unwashed", i.e. visitors.
Who is to say that the infection was not due to transmission of the organism from a visitor, or due to the visitor handling an object (e.g. that bunch of grapes, something on the bedside table, etc.) and contaminating this?
If you read some of the publications and studies on healthcare acquired infection you will realise that there is still debate and differences of opinion as to how we classify an infection as nosocomial (i.e. having been acquired within the healthcare environment).
However, having read the article in question carefully, I get the impression that it is not so much the actual infection that is under consideration, but how the Trust then handles the infection, i.e. detection, diagnosis and treatment.
It will be interesting to see how this one develops. Hopefully, if there are test cases, then the Trust involved will ensure that they have the right people to provide evidence and guidance.
Finally, from the information I have (such as The Journal of Hospital Infection) it seems that only about 8% of all healthcare acquired infections are MRSA. Are we concentrating our efforts on one small section of a problem? Are we tackling the problem as a whole? Are we looking at all possible routes of transmission of infective micro-organisms? (Just rhetorical questions, you understand!)
Chris Packham
EnviroDerm Services
2 Amery Lodge Farm, North Littleton, Evesham, WR11 8QY, U.K.
Tel: 0044 1386 832 311
Dermatological Engineering for a healthier workplace
For more information about our support, services and technical aids, visit our recently revised website: (www.enviroderm.co.uk)
For immediate help e-mail us at [log in to unmask] or phone on +44 1386 832 311
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~~~~~~~~~~~~~~~
Please remove this footer before replying.
For list archives and documents, go to
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FORTHCOMING CONFERENCES AND EVENTS:
http://www.jiscmail.ac.uk/cgi-bin/filearea.cgi?LMGT1=OCC-HEALTH
For Occupational Health jobs, go to http://OHJobs.drmaze.net
Find out about Occupational Health Nursing Education in UK at
http://home.wlv.ac.uk/~in6232/aohne/
