POST FALLS, Idaho — Dr. Neilly Buckalew, a physiatrist based out of Post Falls, Idaho is calling on the Occupational Safety and Health Administration (OSHA) to enforce safety measures for contracted employees.
Buckalew wants medical workers to be supplied personal protective equipment (PPE) or allowed to use their own, and for OSHA to enforce the practice for joint-employees and independent contractors specifically.
“According to [OSHA] standards, these safety guidelines extend to me,” Buckalew said.
Dr. Buckalew works as a traveling doctor, helping areas with the most need. She works as an integrative medicine physician and is the owner of Integrative Ability Medicine based in Post Falls.
Back in April, Buckalew told KTVB she was fired from a contract job in Boise after blowing the whistle on a situation where she was told she couldn’t wear a mask to work.
“Lots of people contacted me - nurses and doctors - about, how I said to you, I wasn’t afraid to speak out, but these are all people afraid to speak out,” Buckalew said.
Buckalew is now working with attorney Kevin Roberts to address what they believe was a wrongful termination but to also call on OSHA to enforce safety standards across the country for traveling doctors.
“[Traveling doctors] really fall under the joint worker doctrine," Roberts said. "OSHA went out of its way in 2013 and 2014 to adopt that standard to make it clear."
Roberts explained he and Buckalew are simply trying to create safe working environments.
“What we are seeing now is OSHA is really not being proactive at all in taking a step forward to make sure that the healthcare industry is being a safe work environment for our frontline healthcare workers for our pandemic,” Roberts said.
Buckalew said she went to OSHA to try and get a clear answer on their enforcement of regulations, but is having a difficult time getting a straight answer.
“When asked directly, 'Are you going to enforce your guidelines?' I got a few different answers," Buckalew said. "So I just don't know."
After her story aired on KTVB, Buckalew said Encompass Health did make changes. To her knowledge, though, her file was never changed. She said this sets a precedent that doctors like her will be retaliated against for trying to ensure work environments are safe.
Idaho coronavirus latest: Idaho exceeds 20,000 confirmed coronavirus cases, five new deaths reported
“Despite the fact that they made those changes, they are still calling me insubordinate," Buckalew said. "So it’s interesting to note they did make some changes, but they don’t want to retract what they said about me."
Roberts and Buckalew said this isn’t about working to file a lawsuit for monetary gain. The pair hopes to make frontline workers safer and protect whistleblowers looking out for others.
“We are all obviously struggling right now with how to prevent COVID," Buckalew said. "Again, I just urge any hospital system to respect the opinions of those who have trained to look at these complex situations and try to make good decisions on the ground."
KTVB reached out to OSHA for clarification on enforcement of their guidance. Regarding contractors and joint employment, OSHA said, to have coverage there must be an employer-employee relationship. If that relationship exists, OSHA enforcement applies.
Join 'The 208' conversation:
- Text us at (208) 321-5614
- E-mail us at the208@ktvb.com
- Join our The 208 Facebook group: https://www.facebook.com/groups/the208KTVB/
- Follow us on Twitter: @the208KTVB or tweet #the208 and #SoIdaho
- Follow us on Instagram: @the208KTVB
- Bookmark our landing page: /the-208
- And we also turn each episode into a podcast on Spotify or Podbeam
- Still reading this list? We're on YouTube, too:
