|
Ading Insult to Injury
Don't let CDCR deny your right to medical treatment after exposure
By Doug Mitten, CCPOA Field Rep, West Sacramento
In August 2007, a youth correctional counselor used a state-issued 911 Rescue tool to cut away materials that an injured ward has tied to himself. Unfortunately, the YCC suffered a cut that resulted in blood-to-blood contact with the ward, and medical personnel refused the YCC's request to have the ward tested for blood borne pathogens, including HIV.
The Blood Borne Pathogen Exposure Agreement provides a process to request a test be administered. The employee must complete a formal request to test a ward for HIV within two days of an incident. (DHS Form 8459) Federal HIPAA (Health Insurance Portability and Accountability Act of 1996) law allows the state to disclose a ward's medical records when it is necessary to protect the health and safety of officers.
The YCC then requested to be transported to a nearby medical facility to receive medical treatment that would prevent an HIV/hepatitis infection. This request was also refused by the institution's medical personnel. Make no mistake, an employee has the absolute right to immediately leave the institution to seek medical treatment. These requests are rights granted to Bargaining Unit Six members in accordance with the negotiated agreement and written into California Department of Corrections and Rehabilitation Policy and Procedures. The YCC was denied his rights. Four days later the YCC filed a grievance on the institution's failure to follow the negotiated blood borne pathogen agreement, and on Nov. 14, 2007, the superintendent finally responded to the grievance with this message:
"The grievance alleges a violation/alleges violations of Security Issues and does not reference a violation of a Section of the expired 2001-2006 Bargaining Unit (BU) 6 Memorandum of Understanding (MOU) between the State and the California Correctional Peace Officers Association (CCPOA). The MOU no longer exists. The State implemented terms of its last, best, and final offer (Implemented Terms) on September 18, 2007. The grievance, however, alleges a violation of a provision that is not part of the State's Implemented Terms. Therefore, the alleged violation is not subject to the grievance process."
This member is naturally concerned about his health and of the institution's failure to protect his health and inform him of the HIV status of a ward, while the superintendent is concerned about procedural details!
Later in the message, the superintendent wrote:
"Specifically, the complaint alleged that staff have suffered injuries while utilizing the 911 rescue tool when cutting away materials tied to the wards and that a wad (sic) went untested when his blood allegedly made contact with your blood after you requested the ward to be tested to medical staff which was denied."
If I were an English teacher I'd have to sharpen my red pencil many times to get through that paragraph. More importantly, the superintendent knows that officers and counselors have been cut in the past when using the 911 Rescue Tool. He knew the YCC had been cut and yet he continued to hedge his words with qualifications. He failed to address the really important issue - refusing to allow the YCC to obtain proper medical attention. CDCR's Youth Division (DJJ) officials continually express how much they care about their employees. Their actions in this incident suggest otherwise.
The superintendent closed his memorandum with these comforting words:
"...Safety Committee will look into the possibility of gloves designed to prevent this type of injury (cut). The Chief Medical Officer has been asked to remind medical staff to follow the blood borne pathogen exposure procedure. With respect to the merits, therefore, the complaint is valid."
The complaint is indeed valid. The YCC will spend six months waiting for the HIV tests, hepatitis tests, and other blood screens, hoping they remain negative. While he is worried about his health, how his family will find shelter, food and clothing if he can't work, the superintendent shows all the concern and empathy of a block of cement.
The ward was never tested to determine his negative disease status. The YCC was never provided with the medications necessary to protect him. The medical staff was merely reminded to follow the procedure. The Safety Committee will look into safety equipment? We all know how that examination will end.
The counselor's complaint is valid, yet DJJ does nothing to ensure his health and safety. Remember to insist on your rights, demand the ward/inmate be tested when you have any contact with body fluids that might carry blood borne pathogens. If there is such contact with any open wound on your body, your eyes or mouth, the procedure requires that you receive the medication "cocktail" within two hours of the contact, and, in fact, the Centers for Disease Control and Prevention states that to be effective the treatment is to be administered within two (2) hours of exposure. CCPOA insisted on this time line, therefore the agreement requires it for your protection. Be safe, demand your rights. The Blood Borne Pathogen Exposure Agreement is still in effect. The implemented Last, Best, and Final did not change that agreement and CDCR has not changed the procedure.
In this incident, the YCC decided not to pursue the grievance but to file a complaint with Cal/OSHA, which would focus on the failure of the employer to maintain a safe and healthy work environment and denying access to medical care. A similar complaint filed at Folsom State Prison resulted in a $6,500 fine.
As long as the Department does not follow its own rules and protect the members of Bargaining Unit Six from potentially deadly infections, we'll have to work together to protect each other. You can help us help all members by making sure to report all assaults on staff to CCPOA headquarters.
 Print This Page
Back to Volume 25, Issue 3
Back to PEACEKeeper Main Page
|
