CCOO Sanidad Madrid has reported to the Labor Inspection the Order of San Juan de Dios, owner and manager of the Hospital Fundación Instituto San José, for the death of a worker on February 15 after being attacked by a patient at the center.
This religious order manages several centers for the elderly and people with mental problems in the Community of Madrid. Specifically, the hospital where the events occurred is located in the Madrid municipality of Leganés.
In the complaint, the Secretary of Occupational Health of CCOO Sanidad Madrid points out that the aggression protocols were not applied in the work environment, that the company did not adopt adequate preventive measures, and that the deceased worker, as well as the rest of the professionals , they do not have sufficient training to face circumstances like this.
CCOO Sanidad Madrid details in a statement that on February 15, at 5:30 p.m., in the San Nicolás pavilion of the Fundación Instituto San José Hospital, the worker, Juan Alfonso R. P., 57 years old and an Auxiliary Care Technician of Nursing (TCAE), was carrying out his usual duties when a patient approached him, grabbed him by the shoulders and kicked him hard in the testicles from below.
The worker fell to the ground sideways, temporarily lost consciousness and went pale without being able to move for a few moments, according to the union.
He was taken to the infirmary, where he received health care from a nurse, but not medical care. He was kept at rest until 7:00 p.m., but at no time was he treated by a doctor, the union says.
After that time, the company provided him with an assistance report so that he could go to the mutual insurance company, but given the time, he could not go until the next day. Once outside the hospital facilities, the worker died.
The CCOO letter indicates that the prevention delegates of this center had reiterated to the company management that it was necessary to have a protocol in case of physical attacks, but the company had ignored the request.
Furthermore, the union representatives assure that the company had refused to take adequate preventive measures and the lack of health personnel to care for and contain this profile of patients if necessary was evident.
CCOO considers that in this fatal accident there is a direct causal relationship between the injuries suffered by this worker and the violation of current health and safety regulations, which is why, from its point of view, there is possible corporate liability.
“We understand that the basic cause that contributes to the materialization of the work accident resulting in death is the absence of safety measures, and the non-application of the aggression protocol,” maintains the Secretary of Occupational Health of CCOO Sanidad Madrid, Manuel Barroso.
“It is evident that there were no adequate preventive measures nor did the staff have sufficient and adequate training to deal with this type of conflict in the health center,” emphasizes Barroso, who urges the Labor Inspection to clarify the civil and criminal responsibilities for this assault resulting in death.
