Is the company email the employers property?

In simple terms, a work or company email is an employer’s property in the same way a direct dial phone number, phone (mobile and/or land line) and any other piece of equipment or resource is.  Therefore, as a matter of principle, the employer is entitled to have access to that email address as necessary in order to conduct its business activities.  Correspondingly, employees are obliged to co-operate with any request for access.

Where issues can arise is when an employee is allowed to use their work email for personal emails.  This can either be set out in policy or implicit.  In this case, care needs to be taken to ensure that personal emails are not read.  The access should be limited to ensuring the employer can access business related emails.

If an employee is objecting to providing access to their work email, you can address this by confirming that as a matter or principle the work email address is the employer’s property and you require access to all work emails.  Reinforce with the employee, you will not be reviewing personal emails and they can either forward those emails to their personal email address, delete them etc (as noted below).  However, you will require their password and access as needed.

If an employee continues to resist, inform them you will be making arrangements with your IT service provider to gain access to the work email and given their lack of co-operation, suspending their personal use until further notice.  If this step is required, it’s advisable to contact your employment law adviser first in order to ensure clear and succinct written communications are provided in respect of this step.

To avoid issues in the future, if there is no policy in place, or if there is a policy in place which does not address it, in the first instance all employees should be told that:

(a)       Any work assigned email address is for work purposes;

(b)       That where necessary you will require employees to provide access in order for you to ensure that email communications are dealt with as needed and to provide for business continuity;

(c)       Personal emails received at the work email address can be forwarded to a personal email address, deleted, flagged or moved into a separate folder so they remain private; and

(d)       A policy will be introduced to clarify email and internet access shortly, or recirculate the current policy (updated if/as needed).

Noting point (d), if there is no policy in place, it would also be timely to introduce an email and internet policy specifying how the internet and email facilities can and will be used.  Alternatively, if there is a policy, but it does not cover this situation, the policy should be updated.

Above article kindly contributed by: Dean Kilpatrick (Special Counsel – Employment), Anthony Harper Law,  For more information contact –  Email

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Using physiotherapy assistants in residential care

Employing a physiotherapy assistant (PTA) is a fantastic and cost effective way to implement physiotherapy programmes. Many residential care facilities contract in physiotherapy services at an hourly rate, often for only a few hours per week. Supporting this service by having an employee who can accompany the physio on their visit, and then put the exercise programmes in place supports real outcomes for residents.  When I quote for services to residential care facilities I always put a persuasive argument in place for them to appoint a PTA at the same time.

Of concern is that we sometimes visit facilities who have a physiotherapy assistant employed but no contracted physiotherapy hours. Why is this a problem and what are the consequences? The problem lies with the fact that “Physiotherapist” is a legally protected title and to practice in New Zealand you must be registered and hold a practising certificate. If there is any perception that the person is a physiotherapist or is carrying out ‘physiotherapy’ then this is illegal and the fine can be up to $10 000. The key word here is perception. Below are some examples that I have come across where I believe the work was illegal.

– A GP requested a physio assessment of a resident with a sore shoulder. This assessment was carried out by an overseas qualified   physio working as a PTA in a facility;

– A PTA doing exercises with a resident and the family said “she is having her physiotherapy session so we will wait”;

– Staff referring to their physiotherapy assistant as the “physiotherapist” in conversations.

Physiotherapy New Zealand has written guidelines for using a physiotherapy assistant (this covers the term rehab assistant also). The guidelines state that a client must have:

– An assessment by a NZ registered Physiotherapist and a treatment plan;

– Ongoing monitoring of the physiotherapy status and needs of the client.

The physiotherapy assistant must have strict boundaries which include being deemed competent by a supervising physiotherapist, not advancing or changing the treatment plan without written and verbal instruction from the physiotherapist, not offering any advice or opinion (other than reiterating the physiotherapist’s advice). They must have a clear written job description and adequate support. The work they carry out is the responsibility of the supervising physiotherapist which means only the physiotherapist can prescribe treatments which they have observed the physiotherapy assistant. Competency must be confirmed in respect of each individual treatment plan. This even includes simple exercises such as a walking programme.

We also recommend to our facilities that they consider getting a uniform that clearly designates the person as a ‘physiotherapy assistant’ and a name badge with this written. This helps greatly with the problem of other peoples ‘perception’ as already mentioned. We also recommend and provide separate documentation forms for PTAs.

Being a physiotherapy assistant is usually a very rewarding job but can be isolating for staff as they are usually the only one in their facility and often also have hours as a carer. It is good practice to support them with ongoing training and regular supervision with a physiotherapist that is not just focussed on their clinical role.

On the Go Physio offer regular training for physiotherapy assistants including a full day conference later in 2017. To find out more about the pending conference go here and request details.

This article kindly contributed by Jessie Snowdon – Physiotherapist,  founder and director of On the Go Physio. She graduated from Otago University in 1998 and has worked in Christchurch, Edinburgh and London in a variety of roles

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Influenza season

Prepared for winter coughs and colds?

Winter is fast approaching and now is the time to be preparing your facility for the season’s usual crop of influenza, coughs and colds.

Last year the elderly were hit hard with, not just influenza, but also other respiratory viral infections. Many were admitted to hospital with complications such as pneumonia.

The predominant circulating influenza strain in 2016 was Influenza A, H3N2, different from the previous year’s Influenza A, H1N1. Although covered by the vaccine, last year’s predominant strain changed slightly from what was covered in the vaccine and there were numerous reports of laboratory confirmed cases of young vaccinated adults who still acquired influenza. Despite this, vaccination still affords some protection and symptoms are less severe than without it. This is the same for the elderly whose uptake of the influenza vaccine is not so good – experts agree that there are still benefits from the elderly having an annual influenza vaccine.

Some of the other respiratory viruses last year that caused severe disease in our elderly included coronavirus, rhinovirus and parainfluenza.

Check list for winter virus planning

  • Encourage and offer seasonal influenza vaccination to both staff and residents
  • Ensure hand sanitiser is available for visitors at the entrance of the home
  • Consider displaying a poster discouraging visitors with symptoms – a poster is available from CDHB communications
  • Remind staff and residents about good cough etiquette / respiratory hygiene
  • Have a good stock of tissues and hand sanitiser for residents
  • Remind staff to stay off work if sick – no-one wants their germs!
  • Educate staff about S&S of influenza – not all residents will display fever or cough
  • Keep residents in their rooms if symptomatic and introduce droplet precautions, i.e. droplet masks for staff providing cares
  • If you suspect an outbreak then confirm the outbreak[1] and introduce control measures[2]

Ensure all infections are logged into you infection register (for HCSL QA online uses – this is part of your infection log process) – remember your outbreak notification requirements as per your policies and procedures.  If you would like more assistance with this please contact us.

This article kindly contributed by: Ruth Barratt RN, BSc, MAdvPrac (Hons) – Independent Infection Prevention & Control Advisor (Canterbury)

Infectprevent@gmail.com

[1]  Infection Prevention & Control Guidelines for the management of a respiratory outbreak in ARC / LTCF

[2] A Practical Guide to assist in the Prevention and Management of Influenza Outbreaks in Residential Care Facilities in Australia

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