The High Court of Justice of the Basque Country concluded that Osakidetza "did not comply with the regulations for the prevention of occupational risks" in the coronavirus crisis. The ESK trade union has denounced that the lack of personal protective equipment by each worker "determined an immediate serious risk" to their health.

The union has lamented the "disastrous" management of these months and has asked Osakidetza's management and Health Advisor Nekane Murga to "assume their responsibilities and resign". On 16 June the trial against Osakidetza was held on the basis of the complaint lodged by the ESK trade union in Navarra. The union denounced in the trial the non-compliance with regulations on occupational risk prevention in the management of the COVID-19 pandemic.

They denounced the attitude of the management of Osakidetza, among other things, the “lack of equipment to protect workers” among the staff of the Basque Health Service, the “non-compliance with the protocols to use them” or the “non-performance of the tests to detect the status of the staff”. According to the union, in the judgment the High Court of Justice stated that: "As far as face masks and gowns are concerned, Osakidetza has given instructions for use, reuse and cleaning. These instructions have nothing to do with health care indications, and recommendations for use that warned patients and users could have infections were discarded."

The Court reiterates that the employer’s obligation is to ensure adequate occupational health surveillance and that COVID-19 deserves to be qualified as “Serious Immediate Risk of Work”. Osakidetza “has not complied with this obligation regarding the prevention of occupational risks” and has therefore forced staff to improvise protective measures. ESK believes that, after years of cutbacks, the COVID-19 crisis has put “the shortcomings of Osakidetza and the irresponsible management of those responsible” on the table.