The Supreme Court rejects the demand for Osakidetza doctors to have 20 minutes to clean themselves

The Supreme Court has agreed with Osakidetza and has dismissed the lawsuit filed by seven unions so that Osakidetza staff had up to 20 minutes a day to clean themselves in their working day in order to minimize the risk of contagion from the covid-19. 19.

The Department of Health and Osakidetza has recalled in a note that the lawsuit filed by Satse, ELA, CCOO, Euskadi Medical Union, Esk, UGT and LAB It was already rejected by the High Court of Justice of the Basque Country and now, after the trade union appeal, the TS once again agrees with the Basque Health Service.

The unions demanded that the personnel exposed to biological risks be recognized the right to dedicate 10 minutes for cleaning before lunch if the day is divided, and in any case 10 minutes before the end of the working day.

The right to dispose of two lockersone to deposit personal effects and another for clothing and work items.

The Supreme Court, in line with the ruling of the TSJPV, dismisses both claimsconfirming the non-existence of “violation of the fundamental rights to physical integrity and to life”.

“They can and should apply this hygienic measure as many times as necessary”

The resolution states that Osakidetza already has protocols and technical guides with instructions for the prevention of risks related to the exposure of biological agents, which require personal cleanliness each time there is contact with an infected or suspected patient, “thus imposing a work system that guarantees these safety measures hygiene as many times as necessary throughout the working day”.

The TS considers that “if the workers can and must apply that hygienic measure as many times as necessary throughout the working day, an interpretation of the legal precept that only really leads to a reduction of 20 minutes in the daily working day, without providing greater safety and efficiency in safeguarding the health of workers, makes no sense”.

Regarding the lockers for clothes, the ruling recognizes that it is a proven fact that disposable material (gowns, gloves, masks, glasses and leggings) is deposited in bags specifically arranged for this purpose, and that footwear and clogs are left in the corresponding place to be washed.

Osakidetza has valued this sentence, which, according to what it maintains, recognizes that the prevention of occupational risks in all its health centers has been a “priority always” not only since the emergence of covid.