Aged Care Insite Issue 92 | December 2015 - January 2016 | Page 31
workforce
to [him], they would not have placed
confidence in his claims of professionalism
and suitability for this job.”
In fact, during Dean’s three-month
probationary period, there were several
incidents and complaints, some of which
were reported to his supervisor.
A CCTV camera that was positioned
outside the treatment room door revealed
that whilst Dean was on his night shift on
November 16, 2011, he entered the room on
36 occasions, spending a total of two hours
inside it. Missing medication was confirmed
on November 17, and police were advised
that management “had a suspect”.
When Dean became aware he was
suspected of taking the missing drugs,
he set two fires at the facility in the early
morning of his shift on November 17–18,
2011. A judge in his criminal hearing found
that Dean did this with the intent to destroy
incriminating evidence or create enough
chaos to gain access to the treatment
room and remove the evidence.
In relation to the failure of his employer
to adequately check with referees, the
coroner stated that, “It is … as a matter of
best practice, incumbent on employers to
check the bona fides of potential health
professional employees by conducting
reasonably thorough background checks.”
Employers need to exercise an appropriate
level of due diligence. On this point, the
coroner became instructive: “Not to conduct
adequate background checks on new
employees may constitute a serious failing
on the part of a health service organisation
to protect the public interest.”
In relation to a health service’s
obligations concerning S8 drugs, the
coroner stated that as a matter of best
practice, employers of staff with access
to the drugs should conduct thorough
pre-employment background checks.
Further, the coroner raised concerns over
the efficacy of management practices
concerning S8 drugs. A concern of the
coroner in this case appears to be the
risk that allowing an individual unfettered
access can pose. The coroner suggested
the facility should have considered
requiring that two staff members be
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present for opening the S8 drug cabinet.
Finally, the coroner was concerned
about staff’s ability to comply with AHPRA
mandatory reporting rules for nurses
observing colleagues under the influence.
He noted “the desirability of nurses and
health professionals receiving routine
in-house training concerning the potential
misuse of drugs by members of their
professions, the signs of impairment due
to drug misuse or dependency, and the
procedures for reporting any concerns”.
Management has been put on notice.
All staff members have an onerous
obligation to protect patients and
members of the public. Managers can also
become liable for breaches of safety – as
individuals and through the actions of
their employees. This rather extreme case
is a reminder that to vet potential staff
in a perfunctory manner is not just poor
management but poor risk management. ■
Scott Trueman is a lecturer in the School
of Nursing, Midwifery and Nutrition at
James Cook University.
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