Report from the OH&S Canada magazine (Spring 2022)
An Ontario company has been fined nearly $170,000 after one of its workers was murdered on the job.
On July 24, 2020, an employee at a home in Kemptville, Ontario, operated by Pathways to Independence, was injured and killed as a result of workplace violence.
Pathways to Independence is a community-based, not-for-profit agency providing assisted community living services and supports to people with an acquired brain injury (ABI) or a developmental disability who may also have complex needs based on their unique goals, abilities, and choices, according to its website.
A worker employed by Pathways arrived for his/her overnight shift, working alone, at one of the assisted living group homes operated by Pathways, which is headquartered in Belleville, Ontario.
Shortly after, a co-worker received a call indicating the worker on the overnight shift had been fatally injured. The co-worker returned to the workplace to find the worker on the floor unresponsive, and immediately called 911.
The worker was transported to a nearby hospital and was pronounced dead.
An investigation by the Ministry of Labour, Training, and Skills Development determined that Pathways failed to reassess the risk of workplace violence as required.
Following a guilty plea to provincial offences court in Brockville, Ontario, Pathways to Independence was fined $135,000 by Justice Richard Knott.
The court also imposed a 25% victim fine surcharge as required by the Provincial Offences Act, bringing the total fine to $168,750. The surcharge is credited to a special provincial government fund to assist victims of crime.
My opinion
In the Ontario Occupational Health and Safety Act (OHSA), there is a full section covering Workplace Violence. It discusses the content of the program and even includes proper assessments and reassessments dealing with workplace violence.
Program, violence
32.0.2 (1) “An employer shall develop and maintain a program to implement the policy with respect to workplace violence as required.”
Contents
(2) “Without limiting the generality of subsection (1), the program shall,
(a) include measures and procedures to control the risks identified in the assessment required under subsection 32.0.3 (1) as likely to expose a worker to physical injury;
(b) include measures and procedures for summoning immediate assistance when workplace violence occurs or is likely to occur;
(c) include measures and procedures for workers to report incidents of workplace violence to the employer or supervisor;
(d) set out how the employer will investigate and deal with incidents or complaints of workplace violence; and
(e) include any prescribed elements.”
Assessment of risks of violence
32.0.3 (1) “An employer shall assess the risks of workplace violence that may arise from the nature of the workplace, the type of work or the conditions of work.”
Considerations
(2) “The assessment shall take into account,
(a) circumstances that would be common to similar workplaces;
(b) circumstances specific to the workplace; and
(c) any other prescribed elements.”
I would suggest Pathways to Independence hire a health and safety professional and help them develop and update a program that meets the needs of their company.
Their worker may still be alive and the workplace safer.
I would venture a guess that they do not have anyone like that on staff. If they did, then 32.0.2 and 32.0.3 would have been adhered to.
HRS Group Inc. has a great team that can help you with all your health and safety needs including ‘Workplace Violence’.
Contact Deborah toll free at 1-877-907-7744 or locally at 705-749-1259.
Ensure your workplace is a safe place.
Remember – In Ontario, “ALL Accidents are Preventable”
‘Work’ and ‘Play’ safe.
Daniel L. Beal
CHSEP – Advanced Level
CEO & Senior Trainer
HRS Group Inc.