Replies to LegCo questions

LCQ7: GEnhanced measures to prevent medical staff from contracting atypical pneumonia

Following is a question by the Hon Michael Mak and a written reply by the Secretary for Health, Welfare and Food, Dr Yeoh Eng-kiong, in the Legislative Council today (April 2):

Question:

As at 23rd of last month, there were more than 200 atypical pneumonia cases, with over a hundred of these involving health care workers who were infected. In this connection, will the Government inform this Council:

(a) of the enhanced measures that the Hospital Authority ("HA") has taken to prevent frontline medical staff from contracting the disease;

(b) given that nurses working in public hospitals have complained that their hospitals had, for reason of avoiding causing public panic, prohibited them from wearing masks, and had failed to provide them with N95 masks which offered the best protection, whether the Government knows why these public hospitals have made such decision, and whether it knows if such decision is related to the lack of financial resources; whether the Government has, in response to the above cases, provided the HA with additional support; and

(c) whether it has assessed if the health care workers of public hospitals who have contracted the disease in the course of looking after patients fall into the category of suffering from work-related injuries and are eligible for claiming compensation from the HA, and whether it has assessed if the HA should be held responsible for the health care workers' families or relatives who have consequently been infected; if the HA is held responsible, whether the HA will consider providing them with assistance or compensation?

Reply:

(a) The Hospital Authority (HA) has promulgated enhanced Infection Control Guidelines against the Severe Acute Respiratory Syndrome to all its frontline staff by circular and electronic mail. HA has also reminded the hospital management to strictly enforce the promulgated control measures, and ensure the provision of adequate support facilities and supply of all necessary items (such as hand-washing and shower facilities, overnight rooms, surgical masks, gloves and goggles) for preventing the spread of the disease within the hospital premises. HA has organised refresher courses on infection control for its frontline staff (including nurses and health care assistants) and issued guidelines on the use of surgical masks and N95 masks for reference of all HA staff. HA has also stepped up services provided by its staff clinics and psychological counselling units to meet the physical and psychological needs of its health care staff. That apart, HA has extended the coverage of infection control to non-clinical areas of public hospitals, such as offices and canteens.

(b) HA extended the use of masks to different sections of hospital premises based on operational need and having regard to the extent of spread of the virus in the community. In view of the spread of the virus, HA has already extended the use of masks to the entire hospital premises. So far, there is adequate supply of surgical/N95 masks for use by HA staff. HA provides its staff with appropriate masks for use by staff in appropriate areas, while at the same time addressing the psychological need of staff members. In this connection, a study conducted by HA showed that surgical masks are just as good as N95 masks.

In combating the spread of the Severe Acute Respiratory Syndrome, HA is committed to deploying all necessary resources (including additional funding) to various clinical departments as required, and providing necessary support to its staff and their families. The Finance Committee of the Legislative Council has approved, on 31 March, a new commitment of $200 million to provide additional funds for treatment of patients with Severe Acute Respiratory Syndrome and to strengthen infection control and public health education. Prior to the creation of the aforesaid commitment, the Government has separately granted HA a supplementary provision of $10 million to provide extra resources for HA to combat the crisis.

(c) While Severe Acute Respiratory Syndrome is not a prescribed occupational disease under the Employees' Compensation Ordinance (ECO), Section 36 provides that an employee shall have the right to recover compensation under the Ordinance in respect of a disease if the disease is a personal injury by accident arising out of and in the course of employment. Health care staff involved in taking care of patients with Severe Acute Respiratory Syndrome and have contracted the virus may therefore have contracted the disease out of and in the course of employment for the purposes of the ECO. In any such case, the Labour Department would make reference to the medical records of the employee, relevant information of the case and the provisions of the ECO to ascertain the disease contracted by the employee and whether the employee concerned had contracted the disease out of and in the course of employment. The Labour Department will process any such claims of employees in accordance with the ECO.
Families and relatives of health care staff who may have contracted the disease through contact with the health care staff will not have contracted the disease out of and in the course of their employment, and would not therefore be covered by the ECO. HA will deal with any claims for compensation according to applicable laws taking into account the individual facts and circumstances of each case.

End/Wednesday, April 2, 2003
NNNN