Nurses are accountable for their actions and inactions at all times. They make decisions based on an analysis of all the data at hand, the needs of the client, employer policy, their duty to provide care and their obligation to protect themselves and their families.
An unreasonable burden may exist in rare situations, such as public health emergencies, where the nurse is unable to provide safe care and meet professional standards of practice. This may arise due to unreasonable expectations, lack of resources, or ongoing threats to personal safety.
Refusing to provide care may be appropriate in very specific circumstances. Before withdrawing from care, nurses must fully consider the risk and impact to clients. Additionally, several other strategies must first be attempted to improve the safety of the situation, such as working with the employer to obtain the appropriate PPE and isolation spaces.
Nurses must consider the following when contemplating withdrawing from care:
- What is the risk to the client if I withdraw from care?
- Is the care I am providing directly preventing harm to the client?
- Does the benefit of the care I am providing outweigh my risk of harm?
- What can I do to minimize my risk?
- What can I do to minimize the risk to the client if I withdraw from care?
- If I decide to withdraw from care, could I be accused of abandonment?
The Occupational Health and Safety Act (The Act) is provincial legislation that outlines required steps employees and employers must follow when an employee refuses to continue work. It is the responsibility of the nurse to understand their rights and responsibilities legislated by The Act. Nurses must also understand relevant organizational policies and procedures related to The Act.
Abandonment occurs when a nurse has engaged with a client or has accepted an assignment and then discontinues care without:
- negotiating a mutually acceptable withdrawal of service with the client; or
- arranging for suitable, or replacement services; or
- allowing the employer a reasonable opportunity for alternative or replacement services to be provided.
While nurses have the right to refuse to work in situations where risk cannot reasonably be managed or mitigated, it is equally important to note that nurses are accountable to take every reasonable action to prevent withdrawal from care and abandoning clients. For more information on abandonment, refer to Fact Sheet: Abandonment.
Nurses should review relevant organizational policies and guidelines related to staffing and workload, and advocate as required for policies and guidelines driven by patient interest and safety. For additional guidance refer to the: Working with Limited Resources Toolkit
The Nova Scotia College of Nursing granted permission to adapt content from Withdrawing from Care – Unreasonable Burden in a Pandemic