Arbetsmiljörättens tillämpning inom sjukvården

Detta är en Kandidat-uppsats från Lunds universitet/Juridiska institutionen; Lunds universitet/Juridiska fakulteten

Sammanfattning: Problems related to the working environment in the Swedish health care are always on the agenda. The purpose of this essay is to examine how the working environment legislation is applied in health care. When the working environment legislation is applied in health care a general framework applies within a particular industry and the old rules applies on a new phenomenon. The question is based on the purpose of the essay and formulated as follows: What are the specific conditions applicable to the working environment legislation in health care? In health care, there is a possibility to use the suspension of work in Chapter 6 Section 7, AML. In theory, there may be a legal conflict between AML and HSL. The medical staff is entitled to a good working environment while the county councils have a duty to offer patients a good health care. Based on the interviews, it can be noted that in practice it is unlikely that a legal conflict between AML and HSL will arise. Other methods than the suspension of work are used in practice to deal with problems related to the working environment legislation in health care. The Swedish Work Environment Authority can supervise the home of a care recipient if special conditions exist. The care recipient's privacy and autonomy in the own home may be limited if employees are forced to work under working conditions that are considered to be unacceptable. A limited material covers the working environment legislation in health care and legal rules seems to give more capacity to handle the resulting situations than assumed in the practical business. The working environment legislation in health care concerns probably a kind of underestimated problem that will definitely become visible if the legal conflicts appear.

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