By restricting the procedures in which these masks can be worn, the order has endangered the safety of nursing staff, by increasing their risk of contracting COVID-19, it is alleged in the procedure.
The order in question dates from June 8: it provides that the N95 masks must be reserved for a situation where an IMGA (medical intervention generating aerosols) is performed. These include, among other medical procedures, tracheal intubation and extubation, bronchoscopy and cardiopulmonary resuscitation.
In the other cases, the protection of the workers must be ensured by a surgical or procedural mask, it is indicated.
According to the Federations, the ordinance limits the use of N95 masks, which lessens respiratory protection measures for nursing staff instead of enhancing them.
Shortages of these N95 masks punctuated the COVID-19 pandemic, but the two Federations maintain in their procedure that this was not the case when the order was decreed.
To invalidate it, the parties raise several arguments.
First, it is alleged that Dr. Arruda, as the national director of public health, did not have the power to make such an order.
In addition, it is raised that it infringes the rights of nurses and other health workers who are protected by the Quebec Charter and the Canadian Charter of Rights and Freedoms by attacking their integrity, their health and their safety, and, in turn, that of patients.
: it is therefore essential to apply the principle of optimal precaution, and to protect the personnel, especially in the perspective of a second wave “,” text “:” Since the beginning of the pandemic, we must fight to have access to the protective equipment that healthcare professionals need. The virus is still unknown, airborne transmission is likely: it is therefore essential to apply the principle of optimal precaution, and to protect the personnel, especially in the perspective of a second wave “}}” lang = “fr” >Since the start of the pandemic, we have had to fight for access to the protective equipment that healthcare professionals need. The virus is still unknown, air transmission is likely: it is therefore essential to apply the principle of optimal precaution, and to protect personnel, especially in the perspective of a second wave, said in a press release released Wednesday Linda Lapointe, the vice-president of the FIQ.
Public health has caused confusion by changing its recommendations according to equipment stocks and by not necessarily taking into account the scientific literature. This prescription is not based on best prevention practices and must be invalidated, she adds.
A quarter of COVID-19 cases in Quebec affect healthcare workers, she said.
When N95 masks were scarce, Quebec decided to reserve them for the most risky situations and asked citizens not to make a reserve to leave them with health workers.
During daily press briefings by Prime Minister François Legault at the start of the health crisis in March, there was often talk of the supply of N95 masks. The government had even asked laboratories and universities in the province to return their stocks to hospitals and other health centers.