I would like some feedback from those familiar with Safe Harbor, especially those who have used it. I am interested in specifics, the "Who, What, Where, Why, and When." Tell me about your experience.
QUESTION ABOUT SAFE HARBOR-PEER REVIEW
sounds like a Jimmy Buffet song.
Are you talking about safe harbor as it applies to whistleblowers, or safe harbor as it applies to impaired nurses doing drugs?
Andrew Lopez, RN
http://www.4nursing.com
Andrew Lopez, RN
http://www.4nursing.com
WHISTLEBLOWERS
Whistleblowers, Re: QUESTION ABOUT SAFE HARBOR
Most laws that are supposed to give protection to whistleblowers are hopelessly vague.
The fact is, we're expected to protect the interests of our employers at all times. This effectively renders any "whistleblower" protections "toothless"
This article explains it in detail:
Protecting Nurse Whistleblowers, Nursingworld/AJN:"If you report unethical or illegal activities (or “blow the whistle”), you may be retaliated against. In general, statutes governing whistleblowing protection combine state and federal policies and often depend on industry type, nature of the work, and whether it occurs in the private or public sector.
However, many states protect private sector employees from retaliation, and while the specific kind of prohibited action varies under each law, most statutes protect the worker from being discharged. Under these laws, whistleblowers who have been discharged may be reinstated, receive back pay, restore lost benefits and seniority, and recover attorneys’ fees and costs. But in order to be protected, you may need a reasonable basis for your disclosure."
http://www.nursingworld.org/ajn/1999/DEC/Work129c.htm
In other words, there are very few protections offered to whistle-blowers that speak out against their employers. It's been that way for quite some time unfortunately. It is a catch 22 since by virtue of our Nurse-Practice Acts, we're obliged to report unsafe patient care situations, etc.
Andrew Lopez, RN
http://www.4nursing.com
The fact is, we're expected to protect the interests of our employers at all times. This effectively renders any "whistleblower" protections "toothless"
This article explains it in detail:
Protecting Nurse Whistleblowers, Nursingworld/AJN:"If you report unethical or illegal activities (or “blow the whistle”), you may be retaliated against. In general, statutes governing whistleblowing protection combine state and federal policies and often depend on industry type, nature of the work, and whether it occurs in the private or public sector.
However, many states protect private sector employees from retaliation, and while the specific kind of prohibited action varies under each law, most statutes protect the worker from being discharged. Under these laws, whistleblowers who have been discharged may be reinstated, receive back pay, restore lost benefits and seniority, and recover attorneys’ fees and costs. But in order to be protected, you may need a reasonable basis for your disclosure."
http://www.nursingworld.org/ajn/1999/DEC/Work129c.htm
In other words, there are very few protections offered to whistle-blowers that speak out against their employers. It's been that way for quite some time unfortunately. It is a catch 22 since by virtue of our Nurse-Practice Acts, we're obliged to report unsafe patient care situations, etc.
Andrew Lopez, RN
http://www.4nursing.com