The BVNA Industrial Relations Helpline often receives calls regarding 'call-out' pay. This article deals with the relevant essential employment facts.
If you are on call at the place of work
In a situation where you live in at the practice or hospital and are waiting for work, you are ‘on call’ and should be paid for the hours you are working. On-call duty performed by a worker when they have to be present physically on the employers premises is classed as ‘working time’, regardless of the work actually done.
If you are on call at home
Should you be able to carry on with your normal routine at home, with no restrictions set by your employer – and maybe even go to bed – then the employer does not have to pay you.
On call at home or otherwise not able to carry on with normal social/domestic routines
If you are on call at home and might have to answer the telephone or drive to the practice, the responsibility to the employer is increased. You may be restricted in what you can do; for example, you might have to remain in the house to answer the telephone, or avoid alcohol because you might need to drive.
Practices are often split on whether they pay a nominal sum for this type of on-call work – for instance £20/£30 per day/night when this type of on call is required.
Where on call is part of the rota, student and non-qualified nurses need to be mindful of the duties they can perform
Student Nurses
[From the Veterinary Surgeons Act 7 1966] paragraph numers refer to the Act
7. The directing veterinary surgeon must be satisfied that the veterinary nurse is qualified to carry out the treatment or surgery. The RCVS will advise from time to time on veterinary nursing qualifications which veterinary surgeons should recognise.
10. Paragraph 7 applies to student veterinary nurses. A student veterinary nurse is someone enrolled for the purpose of training as a veterinary nurse at an approved training and assessment centre (VNAC) or a veterinary practice approved by such a centre (TP). This does not include those who are undertaking the BVNA Animal Nursing Assistant training.
11. A student veterinary nurse may administer ‘any medical treatment or any minor surgery (not involving entry into a body cavity)’ under, veterinary supervision.
12. The animal must be under the care of a veterinary surgeon and the treatment must be carried out at his or her direction. The veterinary surgeon must be the employer of the veterinary nurse or be acting on behalf of the nurse’s employer.
13. The treatment or minor surgery must be carried out in the course of the student veterinary nurses training. In the view of the RCVS, such work should be undertaken only for the purpose of learning and consolidating new skills.
14. The treatment or surgery must be supervised by a veterinary surgeon or a listed veterinary nurse. In the case of surgery, the supervision must be direct, continuous and personal.
15. In the view of the RCVS, a veterinary surgeon or listed veterinary nurse can only be said to be supervising if they are present on the premises and able to respond to a request for assistance if needed. ‘Direct, continuous and personal’ supervision requires the supervisor to be present and giving the student nurse his or her undivided personal attention. The Veterinary Nurses and Veterinary Surgeons Act 1966 also details what medical treatment and minor surgery may involve:
16. The Act does not defme ‘any medical treatment or any minor surgery (not involving entry into a body cavity)’. Ultimately it would be for the Courts to decide what these words mean.
17. The procedures which veterinary nurses are specifically trained to carry out include the following:
• administer medication by mouth, topically, by the rectum, by inhalation or by subcutaneous, intramuscular or intravenous injection;
• administer other treatments, including oral, intravenous and subcutaneous rehydration, other fluid therapy, catheterisation, cleaning and dressing of surgical wounds, treatment of abscesses and ulcers, application of external casts, holding and handling of viscera when assisting in operations and cutaneous suturing;
• prepare animals for anaesthesia and assist in the administration ' and termination of anaesthesia, including premedication, analgesia and intubation; collect samples of blood, urine, faeces, skin and hair; and
• take X-rays.
There are instances when student VNs are bn call’ and attend practices alone. This will be acceptable if a nurse is attending a practice to fill water bowls, walk animals, change bedding etc., but not to administer medical treatment or carry out minor surgery without the direct supervision of a veterinary surgeon who is on the premises.
Health and Safety
The employer has a duty of care to all staff, and this includes time spent on call at the premises. Our advice is for a risk assessment to be carried out – reviewing lighting, car parking, the area in which the practice is situated, and the risk associated with access to medical supplies, equipment, patients and cash.
Telephone links, alarmed premises and personal alarms should all be considered for the protection of staff.
Author
Nicky Ackerley BA(Hons)
Nicky Ackerley HR Support is owned by Nicky Ackerley who has a BA (Hons) Business Studies Degree, is a member of the Chartered Institute of Personnel and Development and who has been a practising HR manager for over 20 years. HR Support Consultancy has provided the BVNA's Industrial Relations Service since it began in 2002.
• VOL 28 • February 2013 • Veterinary Nursing Journal