Who Bears the Responsibility for Providing PPE to Healthcare Workers?

During the ongoing global pandemic, the question of who is responsible for providing Personal Protective Equipment (PPE) to healthcare workers has become a major concern. Initially, the federal government has been widely criticized for its dereliction of duty in ensuring that healthcare workers receive adequate PPE. Despite numerous warnings and calls to action, the federal response has been described as “terrible” and “way too late.”

The Legal Obligation of Employers

In the United States, it is generally accepted that employers have a legal obligation to provide a safe and healthy work environment. For healthcare workers, this means providing appropriate PPE. This is especially critical in situations declared to be public health emergencies. In such cases, healthcare employers cannot simply declare a shortage and shut down their services. This could result in significant harm to patients and healthcare workers alike.

The Role of Healthcare Institutions

While acknowledging the broad responsibility of the federal government, it is clear that hospitals and healthcare institutions bear a direct and immediate responsibility for the provision of PPE to their staff. In tense and high-stress situations like a pandemic, these institutions must ensure that their workers are equipped with the necessary tools to protect themselves and their patients. Their failure to do so not only compromises the health and welfare of their staff but also endangers the patients under their care.

National Responsibility of the Federal Government

Nationally, the Federal Government is responsible for battling disasters. This official stance recognizes that the willingness and capability of the federal government to respond to a national crisis are critical factors in the overall public health response. During the Coronavirus pandemic, the federal government's responsibility includes ensuring that states and localities have the resources and support needed to protect healthcare workers and the general public.

Future Legal Implications

As the crisis passes and the healthcare community begins to recover, there is every reason to believe that there will be a significant amount of Workers Compensation and tort liability litigation. Many healthcare workers who contracted the virus will seek compensation for their illnesses, while families of healthcare workers who died may pursue wrongful death claims. These legal actions could lead to substantial changes in workplace safety standards and labor laws, ensuring that healthcare workers are better protected in the future.

Conclusion

The provision of PPE to healthcare workers is a shared responsibility, but it is ultimately up to healthcare institutions and the federal government to ensure that these critical supplies are available and that healthcare workers are protected. While the federal government has been criticized for its initial response, it remains vital that all stakeholders take responsibility and prioritize the safety and health of our frontline healthcare workers.