Report from the government of Ontario’s ‘Newsroom’
Three workers, employed by Waypoint Centre for Mental Health Care of Penetanguishene, Ontario, were injured in an incident involving a patient in a high-security forensic mental health unit. The employer failed to provide a worker with proper information, instruction and supervision to protect the worker’s health and safety, contrary to section 25(2)(a) of the Occupational Health and Safety Act.
On the day of the incident, a patient got into an argument with a patient care assistant (PCA). After the disagreement, the PCA believed the matter had been resolved and returned to their other duties. Later, while patients were gathering for lunch, the PCA—who was seated—asked the same patient to keep their feet off the couch. The patient responded violently towards the PCA. A Code White, the hospital’s emergency response for violent or aggressive behaviour, was called and five other workers intervened. They eventually brought the patient under control. The incident resulted in a critical injury to the PCA. Two other workers were also injured.
An investigation by the Ministry of Labour, Immigration, Training and Skills Development found that the employer patient’s crisis prevention plan was not up to date, and staff were not given proper direction on how to use the crisis prevention plan. Additionally, staff had not received appropriate training on how to respond to violence from a seated position.
Following a guilty plea in the Provincial Offences Court in Barrie, the institution was fined $130,000 by Justice of the Peace Derek Friend. The Crown Counsel was Katie Krafchick.
The court also imposed a 25 per cent victim fine surcharge as required by the Provincial Offences Act. The surcharge is credited to a special provincial government fund to assist victims of crime.
My opinion
The law(s) in contravention:
The Waypoint Centre for Mental Health was found guilty of a contravention of the Ontario Occupational Health and Safety Act (OHSA), section 25, subsection 2(a) which states,
“An employer shall,
(a) provide information, instruction and supervision to a worker to protect the health or safety of the worker.”
As the reader can see, there must be enough information for the worker to safely do his/her job. I would also like to add that the supervisor can be a wealth of knowledge and should be competent to ensure worker safety. If not, them the employer is in contravention of the OHSA, section 25, subsection 2(c) which states,
“An employer shall,
(c) when appointing a supervisor, appoint a competent person,”
Please ensure your workplace is a safe place.
HRS Group Inc. has a great team that can help you with all your health and safety needs including ‘Due Diligence’.
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Daniel L. Beal
CHSEP – Advanced Level
CEO & Senior Trainer
HRS Group Inc.