HEALTH & SAFETY


Brutal assault on nurse stirs enforcement of laws


By DEBORAH A. MILES In November 2010, a law took effect in


New York making it a felony to assault an on-duty nurse. Sadly, it’s not making much of a difference because too many people aren’t aware of it. Some people hailed the law as a victory


for on-the-job safety. In reality, the violence against nurses is still under- reported. Some health care facility managers feel assaults are part of the job. Sometimes a nurse is afraid to come forward. And some criminal justice authorities are unaware of the new law’s requirements. In the case of PEF member Elenita


Congco, a registered nurse who was almost beaten to death by a patient at Kingsboro Psychiatric Center the morning of January 31, the law was initially overlooked. Congco was updating patient charts


when she heard a commotion coming from the nearby dayroom. After finding out what the problem was, she called the ward psychiatrist and obtained verbal orders to medicate two patients. She injected one of the patients with an anti- agitation drug. As she was preparing the injection for the other patient, he came running toward her with an upraised fist. “I tried to avoid him and took a side


step. He hit me from behind and I hit the floor. The only thing I can remember is I was unable to open my eyes,” Congco said. “I heard several people crying and saying, ‘There is so much blood.’ They were calling my name. “I later found out he also was on top of me, choking me and punching me all over


By DEBORAH A. MILES PEF members at the state Department


of Transportation (DOT) who work in the Hornell office may be feeling better in the near future. That’s because they started an ergonomic program and will be getting some changes to help them prevent repetitive-strain injuries from computer work. PEF Health and Safety Chair Kathy


D’Arminio said 48 members at DOT were provided with training in January that covered basic ergonomic concepts and preferred workstation arrangements to improve comfort and support while on the job.


Kathy Button, a civil engineer 1 and


PEF Division 175 health and safety chair, said, “Most of the members in the Hornell office have wanted ergonomic training for a long time. We found it to be very helpful.


www.pef.org


my body. It took nine people to get him off me.” Congco was taken by


ambulance to Kings County Hospital Center’s Critical Care Trauma Emergency Room where she was diagnosed with a concussion and multiple contusions. As if this life-changing


violence-prevention plan. Kingsboro ranks second in the state for violent assaults against staff. “When an assault does occur


incident wasn’t devastating enough, Congco said the police report described the assault as a misdemeanor 3 and the assistant district attorney was unaware of the Violence Against Nurses Law until the PEF Health and Safety Department intervened. “It just added insult to injury,” Congco


said. “And I feel strongly my attacker was not properly medicated, which may have made a difference in his behavior.” On February 8, Congco was in the


Brooklyn Courthouse before a grand jury where her assailant was finally indicted with a felony charge. According to the law, assaults against


nurses should be charged as Class D felonies with up to seven years of jail time. PEF Vice President Pat Baker, one of


the union’s most active leaders against workplace violence, said managers and officials need to be reminded about the laws. “PEF fought long and hard to get laws


enacted to help prevent workplace violence and protect our members,” Baker said. “This case with Ms. Congco exemplifies the need for Kingsboro managers to work with union representatives to develop an effective


Even simple adjustments such as the height of a computer monitor or chair, or the positioning of a keyboard can make a difference in the way you feel.” The most common problem found was


the position of monitors, according to the report, and the misalignment of the workers’ arms relative to the work surface. Button and Brenda Fay, a PEF


member and the agency’s health and safety representative, were responsible for initiating the training through the local health and safety committee. D’Arminio said it was important they


addressed the vital concerns of DOT employees through their work in the health and safety committee. As a result of the training, PEF


provided a report to DOT managers with recommendations for additional


CONGCO


against a nurse, the police and district attorney may need to be reminded assaulting a nurse is a felony,” Baker said. PEF Region 11 Coordinator and Nurses Committee Chair Jemma


Marie-Hanson said PEF helped Congco with trauma support, workers’ compensation, ATAC insurance (Assault, Trauma and Attack Coverage) and by advocating on her behalf with the District Attorney’s Office. “This assault was horrendous,” Marie-


Hanson said. “We will continue to support Ms. Congco in every way we can.” PEF Director of Occupational Safety


and Health Jonathan Rosen said, “As a result of this incident, PEF President Ken Brynien sent letters to New York state district attorneys’ and the police chiefs’ associations encouraging them to educate all their constituencies about the requirements of the new law. These letters are available on the PEF website and may be used by PEF leaders and members to advocate in their locals.” “What happened to me was


preventable,” Congco added. “Kingsboro fosters an environment of intimidation. If you speak up and call it the way you see it, they will come after you like gangbusters. They need violence prevention and law enforcement. Something must be done. Someone will get killed in there. It could have been me.”


Ergonomic training benefits DOT employees


ergonomic changes that can be made to help employees work more comfortably and productively. “The outcome has been very good and


the training was well-received,” D’Arminio said. “DOT managers have decided to purchase equipment for some of the people. We are planning to train a core group of “ergonomic assessors” in the spring, who will be able to help co- workers with workstation evaluations and adjustments in the future. DOT also has agreed to roll out this ergonomic program on a statewide level, which will help so many more of our members at DOT. If your local health and safety


committee would like more information on how to plan an ergonomic training at your worksite, contact the PEF Health and Safety Department.


The Communicator April 2011—Page 11


Page 1  |  Page 2  |  Page 3  |  Page 4  |  Page 5  |  Page 6  |  Page 7  |  Page 8  |  Page 9  |  Page 10  |  Page 11  |  Page 12  |  Page 13  |  Page 14  |  Page 15  |  Page 16  |  Page 17  |  Page 18  |  Page 19  |  Page 20  |  Page 21  |  Page 22  |  Page 23  |  Page 24