Page - 491 - in VULNERABLE - The Law, Policy and Ethics of COVID-19

491Risking It All: Providing Patient Care and Whistleblowing During a Pandemic intensive care unit or emergency room, are considered to have greater obligations to provide patient care during pandemics than those who work in lower-risk settings, such as dermatology. This is because the former group is considered to be better trained to deal with these cri- ses, and to have accepted a higher risk work environment. Weighing the potential harm to a health care provider against the potential benefit to a patient is another important consideration.9 Where the risk to the worker is low and the benefit to the patient is high, because the condition is quite treatable, the obligation increases. Conversely, where the risk to the worker is high and the benefit to the patient is low, the obligation to care for the patient decreases. In addition to their obligation to provide care, regulated health care providers may also be called upon to make difficult decisions about who should receive care and who should not. In harder-hit jurisdictions, the number of COVID-19 patients needing ICU beds or ventilators have greatly exceeded the number of hospital resources. As a result, health care providers have been forced to make ethically and morally charged decisions about prioritizing patients with the best chance of survival. Personal Support Workers PSWs, who form the largest part of the health care workforce in Canada,10 have been at the epicentre of some of the deadliest COVID-19 outbreaks in our country. Indeed, about 65% of PSWs work in long-term care (LTC), assisted living, and retirement homes11 where, as is now well-known, the great majority of COVID-19 deaths have occurred. Unlike nurses and physicians, PSWs are unregulated care pro- viders who perform a range of duties that have traditionally included assistance with activities of daily living (ADL) and personal care. This role has evolved, however, and workers are increasingly asked to per- form additional tasks, including controlled acts delegated by regu- lated health professionals.12 9. CNA, Code of Ethics, supra note 7 at 39. 10. Katherine Zagrodney & Mike Saks, “Personal Support Workers in Canada: The New Precariat?” (2017) 13:2 Healthcare Policy 31 at 32-33. 11. Christine Kelly, “Exploring Experiences of Personal Support Worker Education in Ontario, Canada” (2017) 25:4 Health and Social Care in the Community 1430 at 1431. 12. Arsalan Afza et al, “The Role of Unregulated Care Providers in Canada – A Scoping Review” (2018) 13:3 Int J Older People Nurs e12190 at 11; see for exam- ple: Regulated  Health  Professions  Act,  1991, SO 1991, c 18, s 29(1)(e).