Management failures and a rape of a five-month-old baby

Earlier this year, SafetyAtWorkBlog reported on the attack on a nurse in the Torres Strait Islands north of Australia, the investigation of the issue by Queensland Health and the mechanisms introduced to get the working conditions and accommodation up to a safe level.  In this case there was a clear link between occupational health and safety and the security of a worker.

OHS law in Australia obliges workers and those in control of a workplace to ensure the safety of people on their premises.  Last week the Northern Territory government received a report (081128vol1-f9c6d46d-75d5-4a5e-95e7-7c040ae6600c1) into the security measures at the Royal Darwin Hospital.  This hospital has undertaken fantastic medical work in the past, most noticeably, on a large scale following the bombings in Bali in October 2002.

However it failed to prevent the rape of a five month old female infant on 30th March 2006, while the indigenous baby was an inpatient.

Carolyn Richards, the Health & Community Services Complaints Commissioner, said in her report

As a result of a complaint reported to the Health & Community Services Complaints Commission an investigation was undertaken by the Director of Investigations, Mrs Julie Carlsen, who is employed as the Director of Investigations (DI) Health &  Community Services Complaints Commission.

This report highlights that the Department of Health & Community Services (DHCS) needs to implement effective risk control mechanisms to minimise the risk of an assault on a vulnerable inpatient in the Royal Darwin Hospital (RDH). The investigation has led to the conclusion that DHCS (DHF) and RDH have not complied with the applicable Australian Standard. It has also revealed that crucial information has been withheld from an expert engaged by RDH to review security arrangements and from the DHCS (DHF) Security Manager based at RDH. This report also details inadequacies and failings by those responsible for managing RDH who have failed for over two years to implement and maintain better security for patients in the Paediatric Ward. It is published with the hope that it will cause DHCS (DHF) and RDH to give higher priority to improving its risk management and security procedures.

The Commissioner’s conclusions are worth including here so that OHS professionals and security officers can establish appropriate procedures for their workplaces.pages-from-081128vol1-f9c6d46d-75d5-4a5e-95e7-7c040ae6600c1

1. On 30th March 2006:

  • There were no arrangements in place on the Paediatric Ward to ensure the safety and inviolability of vulnerable patients.
  • No risk assessment had been conducted.
  • The arrangements in place did not comply in any aspect with the Australian Standard which sets the benchmark for proper security.
  • There was no control on access to the Ward or to the patients.
  • The staff had not received adequate training, and possibly none at all, about the risks arising from lack of security arrangements.
  • In 2002 RDH had commissioned and received an expert consultant’s assessment and report on security arrangements at RDH. The Terms of Reference did not require 5B to be assessed. By 30 March 2006 the recommendations in the report had not been implemented in Ward 5B. This failure can only be described as shameful.
  • Following the rape of the infant police were not notified for about 2 hours.

2. Action taken by RDH after the rape to improve security was: (a) slow (b) inadequate, and (c) has not been adequately evaluated or reviewed to determine its effectiveness

3. RDH has a Security Manager on site as well as an NT Police member stationed at the hospital. Neither has been asked to evaluate the security on the Paediatric Ward either before or after the rape of the infant.

4. Staff working on the Paediatric Ward have not been trained at their induction on the elements of security arrangements to reduce the risk to vulnerable patients nor has there been adequate ongoing training of staff before or after the 30th March 2006 incident.

5. In 2007 the same expert safety and security consultant, as in 2002, was engaged to assess security arrangements at RDH. He was not informed of the rape of the infant in March 2006 nor was he asked to report specifically on arrangements in the Paediatric Ward.

6. On 21 November 2007 two investigation officers from the Health and Community Services Complaints Commission visited the Paediatric Ward by prior arrangement. They were able to enter the Ward and wander around, have entry to every part of it and stand at the nurse’s station, for about 25 minutes without anyone asking who they were and why they were there.

7. Management’s lack of commitment to the proactive identification of risks and to taking appropriate action has not created a culture where each member of staff takes responsibility for identifying and reporting risks and developing safe practices.

8. A security review of RDH was carried out by an expert hospital safety and security consultant who issued a report in 2007. The Security Manager of DHCS (DHF) was not given a copy even though he requested it. HCSCC enquired of RDH management why he was not given a copy and RDH have offered no explanation. On 31 October after this report was published to RDH and DHF the CEO of DHF advised this Commission that he had finally been given a copy and that he had seen a draft copy.

9. RDH Maternal and Child Health Clinical Risk Management Committee considered security in the Paediatric Ward following the incident. The Committee met on 16th May 2006, 2.5 months after the rape of the infant. It met a further 4 times. It submitted an action plan to the General Manager of RDH in July 2006. At its last recorded meeting on 5 September 2006 there had been no response from the General Manager on the recommendations, particularly with respect to installing CCTV cameras with recording facilities on the Paediatric Ward. There were still no recording cameras on the Paediatric Ward as at June 2008 although a CCTV system had been installed in the kitchen area to deter the pilfering of food. Dr David Ashbridge on 31 October 2008 advised, when responding to a draft of this report, that CCTV cameras were installed in Paediatrics on 25 August 2008.

10. The surveyors from the Australian Council of Health Standards which accredits RDH probably did not receive all relevant information about the incident of 30 March 2006 and what action RDH were taking. Those surveyors on 13 October 2006 were informed by RDH that the patient information pamphlet and admission interview are being reworded to reflect the changes to ward access. There was no verification throughout the investigation that any action had been taken by RDH to implement the recommendations of the review. Neither the report of ACHS nor records of information given to ACHS have been provided to the HCSCC. DHCS (DHF) was invited to provide me with those relevant documents in response to this draft. No response was received on this issue from DHF or RDH. According to the published information of ACHS the accreditation survey commences with a self assessment by the hospital concerned. This Commission specifically requested details and copies of the information provided to the ACHS surveyors but no response was received from either the CEO of the Department or the General Manager of RDH.

11. The governance arrangements at RDH do not promote adequate transparent accountability of the General Manager and the Department of Health and Families for the operation of the hospital. Control of all aspects of the day to day management of RDH rests in the hands of three individuals. This includes staff recruiting, training, security, nursing and medical services, procurement, record keeping, financial accountability and risk management. Such specialist management groups as exist are subordinate to the General Manager’s authority. The General Manager reports to the Director of Acute Services who reports to the CEO of the Department. I have been unable to find out what role the Royal Darwin Hospital Board has since its last annual report to 30 June 2006. 

It is well worth obtaining the complete report to understand how such an individual tragedy occurred.  As one media commentator has posited

“One wonders what the reaction would have been if a non-indigenous infant was raped.”

New work accommodation for Torres Strait nurses

In February 2008, a nurse was raped in her remote house on Mabuiag Island.  The accommodation was provided as part of her occupation and risk assessments have identified that the house was not secure, poorly maintained and, in my opinion, unsafe. Previous SafetyAtWorkBlog posts on this issue are available HERE.

Stephen Robertson, Minister for Health
Stephen Robertson, Minister for Health

On 19 August 2008, the Queensland Minister for Health, Stephen Robertson, officially opened primary health centres on both Warraber and Erub Islands.

The Warraber Island facility cost $A4.45 million and includes:

  • two, two-bedroom staff accommodation units
  • expanded clinical areas
  • a dental chair
  • a conference room.

The $6.84 million Erub Island facility includes:

  • a three-bedroom doctor’s residence
  • two, two-bedroom staff accommodation units
  • expanded clinical areas, including a dental chair, a morgue, and a conference room for video conferencing.

The media release emphasizes a feature rarely mentioned:

“Both centres have secure accommodation units to ensure the safety of local health staff.”

Theses costs are for upgraded clinics with very good facilities and housing is only part of the projects.

Beth Mohle, Assistant Secretary with the Queensland Nurses Union, told me today that the official opening of these facilities had been delayed for several months due to the difficult of providing a reliable electricity supply to the clinics.  These facilities had been planned for a considerable time, well before the February 2008 attack.  In fact the previous facilities on Erub Island had been so bad that the facility was condemned.

Beth said that the new clinics had been assessed by the union’s OHS officer in March 2008 and found to be very suitable.  There were several minor security issues but the union was generally happy with the clinics.

A formal maintenance schedule for the facilities has been committed to be the government.

Beth said that the remaining outstanding issue for negotiation with Queensland Health is the operation of duress buttons for its members. However a trial of a satellite-based system through Skynet Mobile Communications is under way where the community police will be informed immediately of any problems.  

The underlying challenge for all OHS issues in Torres Strait seems to be the remoteness.  Many of the islands have no mobile phone communication coverage and nursing staff have only recently received automobiles.  Previously wheelbarrows were used for transporting equipment on the islands.

To update readers about the circumstances of the nurse who was attacked on Mabuig Island, the case against the attackers is still before the Courts.  The nurse is no longer working in that profession and she has a WorkCover claim relating specifically to the effects of the attack.  

Beth Mohle spoke optimistically about the progress made on the campaign to improve housing and facilities in these remote communities but we must remember the unnecessarily unsafe conditions that workers were expected to operate in.  The future may be hopeful but much of this hope is built on pain and trauma.

Could sexual abuse by priests be a breach of OHS law?

In early July 2008, serious accusations about the management of sexual abuse claims by the Australian Catholic Church came to the public attention.  Considerable debate on this current round is available in the Australian media but the ABC show Lateline started the running on the matter.  A useful starting point is an ABC news report on the initial claims.

This week I was conducting some OHS update sessions for a client in which I outlined that one of the objectives of Victoria’s OHS legislation is to

“protect the public from the health and safety risks of business activities”.

And there is a legislative obligation on employers to

“not recklessly endanger a person at a workplace”.

There is a further obligation on employees, in relation to workplace safety and the safety of the public to

“take reasonable care for self and others”.

I put the question to readers – could the sexual misconduct of priests be a potential breach of OHS law?

Remote housing audit action by Queensland government

The Queensland government has responded to the assessment reports on staff housing which includes the housing in remote locations.  The initiatives are good for the most part but it has to be noted that the motivation for action came from foreseeable, unjustified attacks on workers in isolated locations.  The safety status of the accommodation was…

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Nurse Rape – Update

According to a report on 24 April 2008, the Queensland OHS authority has issued the health department with an improvement notice over the poor security in its facilities in the Torres Strait Islands.

Workplace Health and Safety Queensland will also launch a review of Queensland Health’s security arrangements for remote accommodation across the state.

I realise that the wheels of bureaucracy take sometime to move and the action is to be applauded. But with much OHS activity, it is reactive and comes about because an organisation was deficient in its obligations to prevent injury and illness.

The attacks on employees in remote locations is not a tragedy because it happened but is a tragedy because it was allowed to happen. Foreseeable risks were not prevented.

Rape of Nurse Working Alone North of Australia

On February 5 2008, a nurse was raped in her residence on Mabuiag Island in the Torres Straits islands group north of Australia. She was the only health officer on the island and had been posted there only a few moths earlier. A 22-year-old man has been arrested and charged with burglary and rape.

The Queensland Nurses Union has called for an urgent increase in the safety and security of remote area nurses.

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On February 5 2008, a nurse was raped in her residence on Mabuiag Island in the Torres Straits islands group north of Australia. She was the only health officer on the island and had been posted there only a few moths earlier. A 22-year-old man has been arrested and charged with burglary and rape.

The Queensland Nurses Union has called for an urgent increase in the safety and security of remote area nurses.

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