Staff Sleeping on Duty Leads to Potential Resident Neglect
Penalty
Summary
Facility staff failed to remain awake and alert while on duty, resulting in the potential for resident neglect on the second and third floors, affecting all 39 residents residing on those units. A resident with intact cognition reported that staff on the midnight shift were sleeping while call lights were going off, and provided videos and photos as evidence. The resident had reported this concern to the Administrator, who refused to review the videos, and the concern was marked as resolved without evidence of an investigation into the specific staff involved. Review of staffing schedules confirmed that on the nights in question, only one CNA was assigned to each floor, with LPNs splitting coverage. Video and photographic evidence showed CNAs sleeping at the nurse's station and in resident care areas while call lights remained activated and unanswered. Interviews with LPNs assigned to those shifts revealed they were unaware of staff sleeping and had not been asked to cover for CNAs during those times. Facility policy prohibits staff from sleeping while on duty, except during designated breaks in specific areas. The facility's abuse and neglect policy defines neglect as the failure to provide necessary goods and services to avoid harm or distress. The evidence provided by the resident, corroborated by the Regional Director of Operations, confirmed that staff were sleeping in resident care areas during their shifts, in violation of facility policy and resulting in a failure to protect residents from potential neglect.