You have the right to refuse unsafe assignments (2024)

July 11, 2019

Unsafe Assignments

According to the American Nurses Association, Nurses have the "professional right to accept, reject or object in writing to any patient assignment that puts patients or themselves at serious risk for harm. Registered Nurses have the professional obligation to raise concerns regarding any patient assignment that puts patients or themselves at risk for harm." In short, Nurses are empowered to say "no" when managementputs our patients at risk by violating safe staffing laws. Here are some articles that explain this right—and how to claim it.

Think your assignment violates the law? Follow this flow chart!

"Unfortunately, many nurses – and many leaders — will answer the question with some form of “suck it up and do the best you can.” And while I know that questioning an assignment, let alone refusing it, is hard, this is exactly what you must consider doing." —Nurse Guidance

When an Assignment is Unsafe (via Nurse Guidance) The scenarios described in this quick read might sound too familiar to Nurses that work in chronically understaffed hospitals. But fear not Nurse Guidance has you covered with great tips on what to do when it's time to say "I refuse."

California Code Regs Disciplinary Action for Nurses There are laws that protect Nurses so we can practice our profession ethically. Know the Codes!

Moral Resilience: Managing and Preventing Moral Distress and Moral Residue Moral resilience is defined by the author of this paper as “the ability and willingness to speak and take right and good action in the face of an adversity that is moral/ethical in nature.” Nurses that say no to unsafe assignments need plenty of this.

You have the right to refuse unsafe assignments (1)
You have the right to refuse unsafe assignments (2024)

FAQs

You have the right to refuse unsafe assignments? ›

Your right to refuse to do a task is protected if all of the following conditions are met: Where possible, you have asked the employer to eliminate the danger, and the employer failed to do so; and. You refused to work in "good faith." This means that you must genuinely believe that an imminent danger exists; and.

Can you refuse an unsafe assignment? ›

It is your right, and duty, to refuse an inappropriate assignment. But try to be as professional and flexible as possible, keeping the ultimate goal of patient safety in mind.

Is refusing an assignment patient abandonment? ›

Failure to notify the employing agency that the nurse will not appear to work an assigned shift is not considered patient abandonment by the BRN, nor is refusal to accept an assignment considered patient abandonment.

Can a nurse refuse an assignment in California? ›

All nurses can refuse to go out of ratio (see unit-by-unit ratios: www.bit.ly/Title22Ratios), except in the case of an emergency. You are protected by California Labor Code 1102.5(c)! This law protects you from retaliation for refusing assignments that you believe violate laws and regulations (eg: Title 22).

How do I report unsafe nursing assignments? ›

In such a situation, nurses may wish to consider exercising our right to file a complaint with the Occupational Safety and Health Administration (OSHA) within the U.S. Department of Labor. If you can point to an unsafe situation at work, you have a right under federal law to file a complaint with OSHA.

Can I refuse a work assignment? ›

Under OSHA law, an employee has the right to refuse to work if, and only if, all of the following conditions are met: A real, imminent danger of death or serious injury exists in the workplace. This danger must be one that both the employee as well as a “reasonable person” find is present.

Can a nurse refuse an unsafe assignment? ›

Practice & Advocacy

The American Nurses Association (ANA) upholds that registered nurses – based on their professional and ethical responsibilities – have the professional right to accept, reject or object in writing to any patient assignment that puts patients or themselves at serious risk for harm.

When can a nurse refuse a patient assignment? ›

If you are absolutely certain that your hospital policy or state Nurse Practice Act prohibits RNs from doing the work at hand—wound debridement, for example, which some state laws permit but yours does not allow even certified enterostomal nurses to do—refuse the assignment.

Can nurses refuse to care for a patient? ›

5); nurses are morally obligated to care for all patients. However, in certain situations the risks of harm may outweigh a nurse's moral obligation or duty to care for a given patient. Each nurse when faced with a potential for harm must assess risk.

What is abandonment and conditions to refuse an assignment in nursing? ›

Patient abandonment is grounds for nursing license discipline. In general, a nurse knows it is mandatory to finish a shift. This includes giving a report to the incoming nurse. Leaving assigned patients during a care period without arranging continued nursing care, is a clear form of patient abandonment.

What is an unsafe nursing assignment? ›

Some of the more common examples of unsafe assignments can involve (1) not receiving any type of orientation to the unit; (2) a discrepancy between the patient's needs and the nurse's skill set; (3) an inappropriate number of patients assigned to one nurse, with respect to patient acuity; and/or (4) a critical lack of ...

Can a CNA refuse an assignment? ›

The assignment is not within the CNA Scope of Practice; 2. The CNA has not been trained to perform the assigned task; 3. The CNA feels the assigned task is illegal or unethical; 4. The assigned task could put the client and/or the CNA at risk or in danger.

Can a nurse be charged with abandonment? ›

Abandonment typically occurs when: A nurse, who has accepted a patient care assignment and is responsible for patient care, abandons or neglects a patient needing immediate professional care without making reasonable arrangements for the continuation of such are.

What is an unsafe assignment? ›

Unsafe can take many forms: short staffing, floating to units where we do not have the proper training, improper equipment, and more. If you are given an unsafe assignment: Tell your manager the assignment is unsafe and why. Ask them to correct the situation.

What are examples of unsafe working conditions for nurses? ›

All health care workers face a wide range of hazards on the job, including blood and body fluid exposure as well as musculoskeletal injuries related to ergonomic hazards from lifting and repetitive tasks; nursing personnel often experience these hazards most frequently.

What are the 4 choices every RN has when given an assignment? ›

Final answer: Registered nurses have four choices when given an assignment: accept, delegate, decline, or negotiate.

What are some valid reasons for a CNA to refuse an assignment? ›

The assignment is not within the CNA Scope of Practice; 2. The CNA has not been trained to perform the assigned task; 3. The CNA feels the assigned task is illegal or unethical; 4. The assigned task could put the client and/or the CNA at risk or in danger.

Is an assignment legally binding? ›

An assignment will generally be permitted under the law unless there is an express prohibition against assignment in the underlying contract or lease. Where assignments are permitted, the assignor need not consult the other party to the contract but may merely assign the rights at that time.

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