SEIU 521 files Cal/OSHA imminent hazard complaint regarding staff and patient safety, unclear assignments, and COVID-19 exposure.
Santa Clara County, CA – Skilled Nursing Facilities in Santa Clara County continue to face an uptick in COVID-19 cases and fatalities, meanwhile County workers committed to serving the public health needs of the community have stepped in to support without clear direction and a lack of safety to protect patients, themselves, and their families. As reported in the Mercury News on April 12, the County of Santa Clara has begun assigning Disaster Service Workers (DSW) to assist various facilities impacted by the coronavirus surges; these facilities include: Canyon Springs Post-Acute, Valley House Rehabilitation Center, and The Ridge Post-Acute (see below for list of COVID-19 cases by facility). In anticipation of these assignments, SEIU Local 521 has repeatedly urged the County to work on a collective approach to ensure proper safety and health protocols are in place for both patients and staff. The County’s refusal to work with the union to address these concerns has further put in danger the health and safety of patients, healthcare workers, and their families. On Friday, April 17, SEIU Local 521 filed an official Cal/OSHA imminent hazard complaint.
The following statement can be attributed to SEIU Local 521 Chief Elected Officer Riko Mendez.
“We filed this complaint because everyone in these nursing homes – workers and patients – need all safety precautions to be taken when facing this deadly virus, and that’s not what has happened. We must protect our community. Essential healthcare workers and other critical staff have stepped up every single time they have been called on during the public health crisis.” He added, “They are proud to serve as Disaster Workers, but they also deserve to know what they are stepping into; they need clear guidance and proper training; they need to know they are supported and not misinformed or kept in the dark when placed in dangerous scenarios.”
County workers assigned to these facilities have expressed concerns over the lack of safety protocols, endangerment and remorse towards the work situations they’ve been assigned to.
“We take our responsibility as Disaster Service Workers very seriously, we are proud of the great work all our frontline county workers have been doing to keep our residents safe, but we deserve clarity from our employer – my exposure to COVID-19 was completely unnecessary and dangerous,” said a Santa Clara County Licensed Vocational Nurse represented by SEIU 521. “I was without guidance or updates from any coordinator from the County for over 9 hours. I was told the County would protect us, and as per our policy on workplace safety, we have a right as employees to be protected by our employer, and I believe the County failed me. I was potentially exposed to 15+ Persons Under Investigation (PUI’s) and other positive residents and staff at The Ridge. Not only that, I have a family I live with, including a young infant, and I now fear for their health as well.”
Members of the Registered Nurses Professional Association (RNPA) have also expressed grave concern over the County’s lack of communication and support for its nurses.
The following statement was provided by Debbie Change, RNPA President:
“As a result of the nursing home crisis, the Governor of California, Gavin Newsom has called upon the Department of Public Health to intervene and assist the skilled nursing facilities (SNF) in Santa Clara County.”
She added: “We, the Registered Nurses Professional Association (RNPA), representing registered nurses working throughout the Santa Clara Valley Health and Hospital System (SCVHHS) are being called upon to support the SNFs as a result of the Covid-19 Pandemic. We have had meetings with the Santa Clara Valley Health and Hospital System Administration, and clearly articulated our concerns regarding the lack of transparency that initially transpired, lack of consistent practices in all facilities related to proper training, RN competency, availability of PPEs, skill mix, safe ratios, and lack of information. RNPA has requested the Aerosol Transmissible Disease ( ATD) reports to no avail. This report provides necessary data in order to develop a protection plan to ensure the safety of our essential frontline staff.
We request the County to work with us in obtaining the ATD report from the SNFs we are expected to report to work.
Being a nurse is our calling. We are privileged to serve the needs of our community; all we ask is to know what we are dealing with so we can do the work as safely as possible.”
Another Licensed Vocational Nurse (LVN) assigned to Canyon Springs provided the following statement:
“Most of us do not have Skilled Nursing Facility (SNF) backgrounds. We were blindsided by the expectations to be fully-trained within a day which is unrealistic and dangerous for both the patients and us. The exposure levels are so high that some of us took it upon ourselves to book short-term housing rentals (Airbnb’s) because we do not want to potentially expose our families.” The LVN added, “I am concerned about the ratio of patients and what’s expected from us. We are afraid we may be risking our licenses and feel very uncomfortable with the tasks we are expected to complete in these situations.”
Carlton Allen, SEIU 521 member and Licensed Vocational Nurse representing LVNs as the unit Shop Steward provided the following statement:
“For days we have urged the County to work with our union on supportive measures and protocols. They refused and sent LVNs with no experience in skilled nursing to facilities that have staff and patients that have tested positive for Covid19. Our members were shown videos and some simulations for 1-2 days and were expected to perform duties that normally take a LVNs 6+ weeks to do properly. The facilities are reusing gowns and some workers are wearing what looked like fishing gear for protection”
View the Cal/OSHA imminent hazard complaint in its entirety here.
COVID-19 Cases by Facility as of April 15, 2020
**DATA provided by Santa Clara County in an April 15 meeting
Canyon Springs:
Total beds = 198
Total residents = 144
Total COVID-19 infected residents = 54
Total COVID-19 infected staff = 26
Total COVID-19 tested persons = 222
Testing results pending = 22
Valley Health
Total beds = 122
Total residents = 98
Total COVID-19 infected residents = 44
Total COVID-19 infected staff = 17
Total COVID-19 tested persons = 216
Testing results pending = 52
The Ridge
Total beds = 52
Total residents = 41
Total COVID-19 infected residents = 40
Total COVID-19 infected staff = 14
Total COVID-19 tested persons = 73
Testing results pending = NA
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Service Employees International Union, Local 521 represents more than 12,000 public-sector workers across Santa Clara County. Under a Community First vision, we are committed to making sure the needs of our community, and the vital services we provide our community, come first. We believe our communities thrive when residents, leaders and workers recognize that we are all in this together when it comes to our safety, health, and well-being.
