Ask Judith

YOUR RIGHTS Ask Judith

When it comes to your rights and entitlements at work, NSWNMA Assistant General Secretary Judith Kiejda has the answers.

When will it end?

Drought, fires, injury, evacuation, smoke, unprecedented, death, forced handshakes, economic loss, blame, Wuhan, mystery virus, pandemic, COVID-19, surge, National Cabinet, lock down, PPE, ventilators, self-isolation, recession, Ruby Princess, hospitalisation, closed borders, death, flatten the curve, grief, easing restrictions, second wave, blame, heroes. Words. Just over 40 of them and yet each is so instantly recognisable and so descriptive of the untold suffering that this country and all its people have endured over the last eight or so months. Elsewhere the world has paid, and continues to pay, a colossal price in lost or shattered lives, communities and economies broken. It is a cost that will endure for many years, if not generations. Not surprisingly, wherever the need of the community has been at its greatest, when it has required someone to set aside their own fears and uncertainties, nurses and midwives have been there, at the absolute centre of any response, of any care or support being provided, of any pain or suffering endured. To be your elected representative and a voice for the professions of nursing and midwifery has always been a privilege, but never more so than in this, our own very special International Year, marred as it has been by above events. And yet, despite the hero status applied liberally (and quite rightly so), members have on a daily basis still been short-changed on staffing levels, pushed to breaking point, investigated, disciplined or sacked, bullied or rebuffed, not paid enough. How can this be? I am not sure, sadly. But what I do know is that by working together, members and Association, we can persist, we must demand and we must prevail in having the best system of health and care possible, in all settings, for young and old. It cannot be otherwise.

Continuing Education Allowance

For some time I have been trying to get paid the continuing education allowance for my postgraduate qualifications, without success. I work in a public hospital as an RN. Clause 13 of the Public Health System Nurses’ and Midwives’ (State) Award sets out the circumstances and criteria of eligibility for the payment of this allowance. If a dispute arises regarding the eligibility for the allowance and it is not resolved locally with the assistance of the Association (on the basis that we form a view that the allowance should be payable), Clause 13(xiii) requires the matter to be the subject of discussions between the Ministry of Health and the Association in an attempt to resolve the matter (and prior to any possible escalation to the Industrial Relations Commission of NSW).

Flu vaccination allergy

I work in aged care and can’t have the flu vaccination for medical reasons. Where does that leave me? On 17 March 2020, the Australian Health Protection Principal Committee, which advises the National Cabinet, recommended that from 1 May 2020, you must not work at or visit an aged care facility in you have not had the influenza vaccination. However, whilst Public Health (COVID-19 Aged Care Facilities) Order (No 2) 2020 reflects that requirement, it does permit a person to provide a medical certificate certifying that they have a medical contraindication to the influenza vaccination. In these situations, a reliance should be made on ensuring appropriate infection control is in place, and having PPE available as required.

Running out of sick leave

I work at a public hospital and was recently sent home prior to commencing my shift because of a high temperature. I am running out of sick leave. What happens next time if I am sent home and asked to get tested for COVID-19? This scenario has been the topic of considerable debate. The Association and other public health unions have been pressing for an enhanced paid special leave entitlement, both in access and quantum. Those discussions continue and now include the Department of Premier and Cabinet. However, the Ministry has, in its latest Workforce Advice, indicated that: “Where sick leave is exhausted, Health agencies may grant additional sick leave on a case-bycase basis.”

Wages at Opal

I work at a nursing home run by Opal. What is happening with my wages? The last pay increase in the Opal Aged Care (NSW) Enterprise Agreement 2016 has come and gone. Opal has confirmed a 2.25 per cent administrative increase to wages and allowances effective from the first full pay period in July 2020.

My workplace has no agreement. Am I covered?

I work as a midwife in a private hospital, and no workplace agreement is in place. I am paid under the Nurses Award 2010 but can’t work out where I fit in. In the absence of any federal enterprise agreement, the Nurses Award 2010 would apply (the default safety net). Under Clause 4 – Coverage, the Award covers “a nurse/midwife, principally engaged in nursing/midwifery duties comprehended by the classifications listed in Schedule B - Classification Definitions”. Section B.2 then states: “For the purposes of this award nursing care also includes care provided by midwives.” Accordingly, for practical purposes, the reference to nursing duties in the classification structure should be read to mean midwifery duties for midwives. This should assist in determining where your duties and responsibilities fall, and in turn what you should be paid.

Due to COVID-19, much of Medications the Associations face-toface education program has regrettably been cancelled. In response to this, we have developed a series of webinars. Each webinar will be held across 2 sessions and also involve some self-directed learning. How we do it better This webinar series will assist you to formulate an understanding of medications in practice and what we, as individuals, can do to increase safety of the people in our care. To explore the various causes of medication errors, and provide you with the understanding and abilities to

Search for upcoming help prevent medication errors dates of these webinars from occurring. under TOPIC for

ONLINE EDUCATION / WEBINARS 4 bit.ly/educationNSWNMA

Clinical Communication & Documentation How to maintain high quality clinical conversations and transfer of information. This webinar series will assist you to develop the knowledge and resources to communicate professionally and comprehensively. This will include recognising that good communication is essential for quality care and patient safety. Understand the real purpose behind communication and the exchange of information.

COVID-19 MODULE SUPPORTING YOU AT A TIME OF NATIONAL CRISIS

As a healthcare professional led team, we are pleased to offer safeMedicate free of cost to colleagues during the COVID-19 pandemic. Our COVID-19 Education Support module is our contribution to supporting healthcare competence updating in COVID-19 related drug dosage calculations. It’s presented as part of our international suite of safeMedicate authentic learning and assessment environments which you will also have free access to during this 3 month period (June to September). The wider safeMedicate Future Nurse Suite (FNS) includes the following modules and all their learning support resources: • Essential Skills • Bodyweight and Body Surface Area Calculations • Injectable Medicines Therapy These can be used to further support your updating in the COVID-19 domain of practice, and also in the more generic areas of drug dosage calculation practice that may be relevant if your staff are returning to practice or are working towards revalidation.

CONTACT: Niki McCartney niki@safemedicate.com www.safemedicate.com

PROFESSIONAL EDUCATION

CPD SESSIONS bit.ly/NSWNMA-CPD

The Association has developed extracts from a number of our face to face courses and recorded them into short videos with additional accompanying learning resources.

Co-Regulatory Model in NSW An overview of how the co-regulatory model works in NSW, explaining the role of the Nursing and Midwifery Council (NMC) and the Health Care Complaints Commission (HCCC). It also outlines the process for managing notifications and complaints in NSW. Coronial Inquests An overview of the role of the Coroner, and the coronial process in NSW. It also looks at how coronial inquests can improve practice and prevent future deaths.

Documentation This session discusses the importance of documentation, the Standards for Practice, and how to ensure you document clearly and effectively.

Your Annual CPD Obligations This session will provide you with a clear understanding of your CPD requirements, explain what activities could form part of your CPD and outline your professional obligations in relation to CPD.

Ethics in Practice Ethics in Practice discusses how nurses and midwives make ethical decisions in their practice, how to maintain professional boundaries, and case studies where professional boundaries have not been maintained. Reflection in Practice Law in Practice Following from our ‘Your Annual CPD Obligations’ This session discusses some of the laws that are relevant video, it outlines what refection in practice is, provides to nursing and midwifery practice, and discusses examples of how you can use reflection in relation to the legal and professional obligations outlined in the CPD, and how to write reflectively, when considering Standards for Practice and the Code(s) of Conduct. your learning and development needs. Professional Obligations Social Media Social media is becoming increasingly popular – if you An overview of the professional obligations relating to are using social media, it is important you are aware of nursing and midwifery and provide you with a better your professional obligations relating to this. understanding of professional accountability. NMBA Code(s) of Conduct Assertive Communication An overview of the benefits of assertive communication, An understanding of the NMBA Code(s) of Conduct and outlines how you can use assertive communication and the principles of professional behaviour that guide in your workplace. safe practice. It gives an overview of the standards expected of nurses and midwives within their practice. Access FREE NSWNMA CPD sessions videos from: CPD hours for these courses can be calculated by the time you spend bit.ly/NSWNMA-CPD actively learning. This will vary between individuals, as further selfdirected learning can be included (e.g. – reviewing the associated PROFESSIONAL resources and completing the reflective questionnaires). THE LAMP AUGUST / SEPTEMBER 2020 EDUCATION | 33