Page - 489 - in VULNERABLE - The Law, Policy and Ethics of COVID-19

489Risking It All: Providing Patient Care and Whistleblowing During a Pandemic Thousands of health care providers around the world are working tirelessly on the front lines of the COVID-19 crisis. Their critical roles as care providers and as whistleblowers have dominated news headlines. Health care workers are being called upon to care for infected patients, to work outside their usual specialties,1 and to make difficult decisions about patient care.2 Many are placing their health and lives at risk to combat this pandemic. Health care workers make up nearly 16% of Ontario’s COVID-19 cases.3 Many of them have also played critical roles as whistleblowers—raising the alarm to the rapid spread of the virus and identifying unethical and illegal responses to the pandemic. In this chapter, we briefly address the dual roles health care workers have played during the COVID-19 crisis. In the first part, we address the rights and responsibilities of health care providers who are on the front lines caring for patients. We also discuss the responsi- bilities that health care employers and governments owe to our health care providers. In the second part, we highlight the critical role these workers have played as whistleblowers during the pandemic and advocate for stronger whistleblower protection. Ensuring Safe and High-Quality Patient Care The Rights and Responsibilities of Health Care Providers to Provide Care Health care providers are a diverse group and include a wide range of workers, including nurses, technicians, personal support workers (PSWs), and physicians. These workers differ in many ways. For exam- ple, they may be categorized as unionized or non-unionized; employees or independent contractors; full-time, part-time, or casual employees; and they may be members of a regulated health care profession or not. 1. Melanie Grayce West, “New York City Hospitals Face New Strain: Not Enough Workers”, The  Wall  Street  Journal (24 March 2020), online: <https://www.wsj. com/articles/new-york-city-hospitals-face-new-strain-not-enough-work- ers-11585059601>. 2. Peter Walker, “London Covid-19 Doctor Says Soon Staff Will Be Forced to Choose Whose Life to Save”, The  Guardian  (23 March 2020), online: <https://www.the- guardian.com/world/2020/mar/23/london-covid-19-doctor-staff-choose-whose- life-to-save>. 3. OCHU CUPE, “Ontario Health Care Worker Infections Jump 43.5 per cent in 8 days, COVID-19 Protections, Transmission Advice Inadequate: CUPE Media Release” (6 May 2020), online: OCHU CUPE <https://ochu.on.ca/2020/05/06/ ontario-health-care-worker-infections-jump-43-5-per-cent-in-8-days-covid- 19-protections-transmission-advice-inadequate-cupe/>.