EDITOR’S NOTE: The original version of this story said working hours included unpaid breaks and commute times. The story has been changed to correct this. We regret the error.
A community advocate is raising alarms over a City of Edmonton policy that prevents employees from administering naloxone while working.
Catherine Jevic is president of the Sherbrooke Community League and teaches volunteers with Water Warriors YEG how to use naloxone.
“I was really surprised by the policy,” she said.
The policy means all city administration, many of whom work at buildings downtown in the epicenter of Edmonton’s opioid crisis, are prohibited from administering the opioid agonist on the job.
The city says it’s a safety issue.
“City employees are not permitted to administer naloxone during their work hours unless they were provided naloxone and training by the City,” reads the policy.
The city says work hours include paid break times, but not unpaid break times or commute time.
The only employees allowed to give the drug, which has the power to pause an opioid overdose, are those who receive self-defense and de-escalation training and provide first aid to the public as part of their job, like police, fire rescue and transit peace officers.
“Understandably, city employees want to help when they observe someone in need; however, the administration of naloxone presents physical, biological and psychological hazards which not all employees are equipped to address,” reads the policy.
The policy recommends staff call 9-1-1 if they encounter an opioid-related emergency at work.
Jevic trained staff members of some city councillors in using naloxone and a spokesperson for Mayor Amarjeet Sohi said his office hosted a training session for all council staff earlier this year. But the employees later found out they can’t use it while on shift.
“The hypocrisy is unprecedented — this idea that we tell the public to pick up a kit, get trained, help if you feel it’s safe to do so and then to tell the staff members that the administrative burden of writing a policy and arranging for training is too big, is more than losing people’s lives,” Jevic said.
The training is simple enough that it can be taught by a pharmacist in 15 minutes, according to Jevic.
“The kits are provided from the province, they’re safe to use, they include gloves, they include stick-protection needles that self retract once they’ve been used.
“To me, there is no barrier here.”
Ward Nakota Isga coun. Andrew Knack said he and his fellow council members were made aware of the policy in the middle of budget deliberations earlier this year.
He said he is conflicted because he understands the city wants to mitigate legal risk.
“At the same time, we know that this is such a problem right now. I think sometimes we are so risk-averse as a city that we sometimes go a little further than I think a lot of companies are doing,” he said.
He said other groups within the city like Edmonton Public Library and Explore Edmonton have the option for those employees who are trained and comfortable to use naloxone if the situation arises.
“You wouldn’t force someone to do it, you would just say (do it) if you feel comfortable and you’ve done the training and you’ve got the resources available to you,” said Knack.
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“I’m not sure why we would act differently than other groups within the (city).”
Knack said he hopes the policy doesn’t have to come before council.
“I feel like that’s something that can be dealt with internally through our city manager and the departments,” he said.
“Maybe they can just have another review of the policies and dig into the legal liability piece and see if there’s a better way forward that recognizes everyone’s desire to try to help.”
Chelsea Scott is an Edmonton barrister and solicitor. She said not only does the policy protect the safety of the employee, it protects the city from legal action that might be taken based on an employee’s actions.
“Something like administering naloxone to an individual that’s in the process of an overdose may potentially attract what’s called vicarious liability on the employer which is where the employer can be liable for the actions of the employee,” she said.
She said though naloxone is relatively simple to use, the city doesn’t want to risk being sued in the case that something goes wrong.
There is the Emergency Medical Act, which can be used as defence in a legal battle like the one the city is trying to prevent, but Scott said the Act doesn’t prevent legal action from being taken and the city is being overly cautious.
“(The Act) is not a bar to the claim being made itself.”
Jevic said that Act should free the city to allow the employees to help in the case of an overdose.
“The only open liability I see to the city is if someone were to pass away when a city employee could have helped, then the family coming back to the city and suing them for not having the properly trained staff members in place.”
She said witnessing an overdose is a psychological hazard too and the city could be at risk of a WCB claim from an employee.
Naloxone can be picked up from many pharmacies in Edmonton. The pharmacist can train those picking-up kits.
Knack learned how to use naloxone a few years ago.
“It turned out it was a lot easier than I expected so I carry it with me at all times just to make sure I’m available to help if needed,” said Knack.
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