A campaign group has written to the Health and Safety Executive (HSE) urging them to investigate the deaths of an Ayrshire nursing assistant and a patient following a Covid-19 outbreak at a psychiatric ward.
The group, Action for Safe and Accountable People’s NHS (ASAP-NHS), previously criticised NHS Ayrshire & Arran’s own investigation into its handling of the tragedies.
The group also wrote to Scotland’s top police officer, Chief Constable Iain Livingstone, demanding an investigation into the deaths of nursing assistant Neil Alexander, 64, from Minishant, who died in February, and an unnamed patient.
They both died after Covid spread through a psychiatric ward at Woodland View, Irvine.
It’s understood that several staff and patients were affected by the outbreak.
The campaign group allege that ‘major breaches’ of health and safety regulations took place in the events leading up to, and after, the tragedies.
NHS Ayrshire & Arran issued the results of an internal review into the deaths earlier this year and concluded that “appropriate processes and procedures were in place” and were “in line with national guidance and the infection control manual.”
However, ASAP-NHS said at the time they ‘marked their own homework.’
Now campaigners have written to Sarah Albon, HSE chief executive, asking her to look into potential ‘breaches’ in relation to the tragedies.
Rab Wilson, on behalf of ASAP-NHS, said: “It is now over seven months since Neil Alexander died, followed by the publicity of it and the safety of healthcare and care workers.
“Correspondingly, HSE is also aware of this death of Neil Alexander and many others of healthcare workers and care workers.
“Yet there has been no sign of activity by HSE.”
A spokesperson for the HSE said that, in the death or Mr Alexander, no RIDDOR was received.
A RIDDOR (Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013) compels employers to report deaths, injuries, diseases and “dangerous occurrences,” including near misses, that take place at work, or in connection with work.
And because a RIDDOR was not received by the HSE, it was therefore not reported to them.
An HSE spokesperson said: ”No RIDDOR was received and the death of Mr Alexander was not reported to HSE.
“All NHS organisations who are employers must report Covid-19 workforce deaths that meet the criteria of the Health and Safety Executive’s RIDDOR reporting of Covid-19 guidance.
“Under RIDDOR, employers have a legal duty to report cases where a worker has been diagnosed as having Covid-19 and there is reasonable evidence to suggest that it was caused by occupational exposure.”
However, the spokesperson also added: “We are aware that the widespread prevalence of coronavirus in the community has presented challenges to employers in establishing how and where exposure took place, and that not all these deaths may have been a result of a workplace exposure.”
Fellow campaigner for ASAP-NHS, Roger Livermore, said: “By the RIDDOR regulations, Ayrshire and Arran NHS were required to report both the infection outbreak on Woodland View affecting 8 staff on the ward, and the death of Neil Alexander.
“This they repeatedly failed to do for either.”
A health board spokesperson said: “NHS Ayrshire & Arran takes its legislative responsibilities with regard to reporting to the Health and Safety Executive (HSE) and to other agencies such as the Crown Office and procurator fiscal service very seriously.
"NHS Ayrshire & Arran follows the guidance published by the Health and Safety Executive for reporting of Covid-19 cases, meeting the requirements of the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations (RIDDOR) 2013.
"We review every Covid-19 positive staff case to identify if there is a requirement to report to the Health and Safety Executive in accordance with the stated guidance.
"We have adhered to our policies and procedures, and also followed RIDDOR and fiscal requirements."
Don't miss the latest Ayrshire headlines – sign up to our free daily newsletter here
