It is not their problem. Rather the college should provide the PPE kits.
No they cannot force you to work when there is so much exposure. Talk to your HOD or dean.
How are the doctors coping with this problem.
I am a student in one of the top medical institutes of India. As a part of our curriculum, we are required to attend ICU and do other hospital duties. These are called clinical. In view of the COVID19 outbreak, I don't feel safe in doing my clinical unless I am given PPE masks. Our management has told us to make arrangements for it ourselves (unofficially). I cannot be sure of any patient coming to OPD or ICU is free of COVID19 infection, as a person can be asymptomatic for as long as 14 days. I have two queries. 1. Is it the task of medical students to buy these masks ourselves? 2. If I feel that my work environment is not safe, and the management is not taking enough precautions to guarantee our safety, can I be forcefully made to work?
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It is not their problem. Rather the college should provide the PPE kits.
No they cannot force you to work when there is so much exposure. Talk to your HOD or dean.
How are the doctors coping with this problem.
Dear Sir,
You may approach the high court individually or collectively by filing a Public Interest Litigation Petition and thus you will get your desired facilities and others also get. There are advocates who file PIL free of cost also if you provide the required standard data.
1. Your curriculum requires you to attend the ICU without any exception being carved out for any pandemic.
2. Do the doctors who are actually treating the Covid-19 patients not have a threat to their life? There is an imminent threat to their life, but they are still giving their services.
3. It cannot be said that you are 'forced' to attend the ICU. You have joined the course with your free consent. If you feel there is a risk to your life then you are free to drop out of the course, but no exception can be carved out in your favour.
4. You have to be provided N95 masks though by the institute. If this is not being done then you may file a writ petition in the High Court.
No. Every safety equipment will provided by hospital or institute.
You can refuse. Provision in law, nobody can be force to work under environment, vulnerable to life and limb.
1. No, it is the duty of the institution to provide necessary safety gears.
2. You can file a PIL in the Supreme Court. If allowed the Apex Court will order the authorities to provide you with necessary PPE Kits
1. Well, when in a country most of the people can not manage two square elan then fortunate to be studying medical science and while studying the same if you need to mane PPE on your own then think that you have done so like arranging your meals or uniform.
2. Yes unless and until you bearing the mismanagement and lack of infrastructure endangering your life to the notice of the management and the same is appearing true to them.
3. So get a PPE from your own resources and utilise this time when the destiny has given you an scope to serve the society which many people like us can not get that opportunity.
Good luck.
Institute must provide masks to students.
2) it is in your interests to write to management of institute regarding unsafe working conditions in ICU and risk of students being infected
3) raise issue in social media to force institute to safeguard health of students
4) you should buy your own masks to work and should not refuse to work
Respected sir/mam
Thank you
Dear Sir/Madam,
As per ethics, the administrative authorities/management of school of the medical college are supposed to provide you the mask free of cost. If they are not providing this mask free of cost, they are should provide it at concessional rate/subsidized costs. However in the present circumstances, it is suggested that you buy the mask at your cost and keep the bills safe and later claim the money from management through legal process. It is suggested so, because, first of all your health is very important and the money can be demanded later on.
- Medical Association registered a shortage of tens of thousands of clinical tools and equipment for the safeguard of medical workers.
1. No, it is the duty of medical institutes to arrange the safety equipment's and mask for the medical student .
2. No, being a student , you are no bound to work in unsafe environment legally.
- Firstly lodge your complaint with the management of the medical institute after narrating conditions faced by you , and forward one copy to the hospital heads ,and if no response then send a complaint to the chief justice of India .
Is there any particular law which allows a person to deny duty if he/she feels that safety is at stake and adequate attention is not being given to safety? Basically a law which supports my second query above.
1. The management should provide the necessary kits and make necessary arrangements for safety.
2. See you may write your management, local administration, Ministry of the home of the state and the Medical council seeking necessary kits.
1. You cannot be asked to work in the environment endangering your life without proper equipment and gear you can file a PIL in high court seeking interference for fast redressal.
You can take urgent leave but that may not be allowed and you will have to show cause. You can be suspended but you can buy time by doing all this until they suspend you which you can challenge in the court afterwards but that would be difficult to win.
Regards
Dear Sir/Madam,
As per the Epidemic Act, everyone is bound to all the required duties of his part and the same is also expected of you. Please mind, you are also a warrior of this nation and you can't deny your duties and responsibilities. Just think for a minute, the situation soldiers working in Kashmir area and asked to go for some mission against insurgents. Can they deny to go because there is no certainty of what is there next? It is your right and also the duties of management to keep you safe and deploy only on such duties for which you are competent to handle. Whenever, you have any issue, just bring in notice of management in writing and keep a copy of the same for the future action.
You can make representation if you are forced to work in un healthy work conditions
2) In the eastern city of Kolkata, junior doctors at the major coronavirus treatment facility - Beliaghata Infectious Disease Hospital - were given plastic raincoats to examine patients last week, according to two doctors there and photographs reviewed by Reuters.
3)
In a state-run hospital in the city of Rohtak in Haryana, several junior doctors have been declining to treat patients unless they have adequate safety equipment.
They also established an informal COVID-19 fund, to which each doctor contributed 1,000 rupees ($13.27) to buy masks and other face coverings, one of the doctors said.
“Everybody is scared,” the doctor said. “Nobody wants to work without protection.”
You must check out with the rules of medical council for the particular law to provide safety at workplace.
There is same provision provided under the protection of workman act.
Respected sir /mam
There is no specific law that can protect you in such kind of circumstances you only have to take help of excuses.....
Thank you
You may refuse to work in such a environment. They cannot detain or punish you as they themselves are guilty of negligence and putting your and others' lives in jeopardy.
1. The hospital authorities have to provide the masks free of cost to all the members including doctors, nurses, hospital staff and the students who have been deployed for this purpose.
2. Since this is an emergency situation you cannot refuse to work, however you can make a representation to the authorities about your concerns especially about possible contacts with virus affected people.
No they need to provide you work. If they are not providing requisite safety measures you can refuse to attend work
Recently, many states in India have invoked various provisions of the Epidemic Diseases Act of 1897 to control communicable diseases. In this context, the Act was reviewed with reference to its relevance in the current context of surveillance and other relevant Acts and legislation at the national and international levels. It is felt that the Act has major limitations in the current scenario as it is outdated, merely regulatory and not rights-based, and lacks a focus on the people.
The Epidemic Diseases Act was passed in 1897 with the aim of better preventing the spread of “dangerous epidemic diseases
The Epidemic Diseases Act is one of the shortest Acts in India, comprising just four sections. The first section explains the title and the extent, while the second gives powers to the state and Central governments to take special measures and formulate regulations that are to be observed by the people to contain the spread of disease. The third section describes penalties for violating the regulations, in accordance with Section 188 of the Indian Penal Code. The fourth deals with legal protection to the implementing officers acting under the Act
The Epidemic Diseases Act is purely regulatory in nature and lacks a specific public health focus. It does not describe the duties of the government in preventing and controlling epidemics. The Act emphasises the power of the government, but is silent on the rights of citizens. It has no provisions that take the people’s interest into consideration. People centredness is about considering people’s needs, desires, values, social circumstances and lifestyles, and working together to develop appropriate solutions. The Act is also silent on the ethical aspects or human rights principles that come into play during the response to an epidemic. Individual autonomy, liberty and privacy should be respected to the greatest extent possible, even during the enforcement of laws
- Pls check Doctors’ protection Act in India, which is having provision for Doctors, nurses, paramedics, medical students, hospital attendants/staff
Govt. Has issued advisory, no doctor will treat any patient without safety measures.
Present situation is exceptional, no alive person ever seen.
Strict directions have issued to wear safety gears while closing with anyone.
And you have absolute authority to secure your constitutional right to life.
It is the duty of the Institute and the administration to provide necessary security.
you can refuse, if you don't feel safe.
1. There is no particular law.
2. If govt imposes ESMA then even the professionals who supply essential services cannot refuse to work.
3. If adequate attention has not been given to safety then you are always free to file a writ petition in the jurisdictional High Court to seek appropriate orders.
1) It is the duty of the institute to provide basic amenities / basic requirements of the medical / para medical staff who attend OPD / ICU.
2) You can escalate the issue to the higher officials of the Institute / admin officials, so as to enable them to take a note of the same and intervene in the matter and provide you people with basic requirements.
You can take photos of the deficiency on part of Institute and share the said photos with the Higher officials of institute / social media.
You can also file case against the Institute for showing negligence in taking care of the staff and not providing basic equipment / forcing them to work in unsafe environment during their interaction with the patients in OPD / ICU more particularly during pandemic.
1. No, as long its being utilised privately; but is required by you to discharge your official duties.
2. Not without the protection gears, if you are asked to work in a quarantine ward or ward in which corona parents; or being exposed to corona suspects/patients anywhere else.
The All India Institute of Medical Sciences (AIIMS) has issued a circular on the appropriate use of various PPE by various sections working in the hospital, that includes triple layer masks, N-95 masks, gowns, goggles and kits, as part of AIIMS Covid-19 preparedness. Similarly, you will find some more executive instructions as well. Also, the supreme Court has also recently directed Centre to ensure doctors, medical staff attending to Coronavirus patients get appropriate PPE, security. You deny working, if they flout the SUpreme Court Order and fail to provide your PPE and other protetive gear.