The Ministry of Health has started the week with several open fronts in matters of Justice. On the one hand, Comisiones Obreras (CCOO) has denounced the Madrid Ministry of Health for failing to comply with the technical measures and recommendations of the Ministry of Health and exposing professionals in Public, Private and Dependency Health to an “extreme risk” that “has caused havoc ”on their health. And on the other, the Court Top Justice of Madrid (TSJM) has issued a car in which orders to the Ministry of Health through an urgent precautionary measure to provide “immediately” at eight residences of greater from Leganés de personal sanitary and means to carry out diagnostic tests.
Regarding the complaint, says CCOO Sanidad Madrid this Tuesday in a press release, presented before the Labor Inspection against the Ministry of Health, it is the previous step to transfer it to the Prosecutor’s Office. According to the union, the non-compliance by Health with the law on Occupational Risk Prevention, guidelines, indications, recommendations and technical measures issued by the Ministry during the Covid19 pandemic “has caused havoc” and “the massive contagion of professionals from the health field and the dependency sector ”.
CCOO states that the sole health authority of the Government of the Community of Madrid has failed to comply with the legislation on Occupational Risk Prevention regarding the provision and verification of Personal Protective Equipment (PPE) against biological agents during work.
The union attributes “the high numbers of infections and deaths” among professionals “to the lack of foresight and prevention”, foundations of the legislation on Occupational Health.
According to his complaint, the Community of Madrid “It did not have a regional reserve of protective equipment (EPI)” and it was not until the middle of March when the regional government ordered to buy them.
It also says that the regional government did not design the protocols for a possible pandemic, especially when “from China the identification of a new virus was confirmed on January 7 in the province of Wuhan, and when other autonomous communities articulated additional measures and protocols to the guidelines of the Ministry of Health ”.
In addition, regarding the masks, CCOO says that the distributed or even donated items have not been reviewed and that “defective material has been delivered and on many occasions it has been used without having been removed in time.”
The action by the Madrid Ministry of Health “shows not only a lack of control, but an attack on the integrity of its own workers,” says the union.
All this coincides with the order issued yesterday by the eighth section of the TSJM, to which Efe has had access and against which there is no recourse, which specifies that the precautionary measure is “urgent”. It obliges Health to provide users and workers in the residences with the “measures and the necessary material means to carry out diagnostic tests” of coronavirus, thus complying with Order SND / 265/2020 of March 19 related to this type of centers in the face of the crisis caused by Covid-19.
In this way, the Court accepts the claim of the Leganés City Council, which had requested the most precautionary measures in relation to the personnel and sanitary equipment of the nursing homes in the municipality.
Specifically, these centers are: Parque de los Frailes, Domus VI, Vitalia Home, Los balcones, Nuestra Señora de Butarque, Amavir El Encinar, Valdepelayo and Lavdeluz.
In the lawsuit filed last Friday by the Leganés City Council, the number of deceased in the nursing homes was estimated at 150, with special incidence in the centers managed by the companies Domus VI and Vitalia, and it was pointed out that “the autonomous authority is not fulfilling its inspection and control obligations”, disregarding the requirements issued by the Leganés City Council on March 30 and April 15.
The court justifies the urgent precautionary measure in the “circumstances of special urgency” that occur in the case, pointing out that it is “provisional”, since it grants the Health Ministry three days to present allegations.
The car collects the content of the reports issued by the Local Police of Leganés after inspecting these centers, affecting the death in just 15 days of 12% of the 637 users of the eight residences. In the same two-week period, police report an increase of 64 deaths and a total of 153 people isolated by coronavirus.
The car highlights the case quantitatively and qualitatively, since people who live in residences “They are in that age range in which the Covid-19 is more lethal”, and it also highlights that beyond the differences that may exist between the eight centers “in all there is a clearly insufficient average number of health and nursing personnel”.
This order of urgent precautionary measures is the second issued by the TSJM in relation to the demand of a city council for the situation of the residences.
In the previous one, on April 21, it ordered the Ministry of Health to immediately equip four residences in Alcorcón with the necessary health personnel and the necessary means to carry out diagnostic tests against the coronavirus.
In a press release, the mayor of Leganés, Santiago Llorente, has expressed his satisfaction after learning about the car and has indicated that he hopes “that the residences of Leganés will finally have the means and the necessary personnel, what do they need? ”
Remains under suspicion the health care of geriatrics managed by the companies Domus VI and Vitalia, where it is pointed out that “the autonomous authority is not fulfilling its inspection and control obligations”