Health & Safety

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Health care is dangerous work. From biological and chemical hazards to musculoskeletal disorders and workplace violence, health-care professionals face many serious workplace hazards every day.

ONA has developed health and safety resources for members, including guides, FAQs and tip sheets. 

Need assistance?

If you need assistance with health and safety in your workplace, please contact your Bargaining Unit President and/or Health and Safety Rep.

Resources

ONA’s position on the COVID-19 vaccine

ONA recommends that you, as a health-care worker receive the vaccine, if you are able to do so. However, this is a decision that needs to be made by you based on voluntary and informed consent.

While COVID-19 vaccinations are beneficial, they are not a complete and holistic solution. Vaccines are part of a comprehensive health and safety and infection control program, and we expect all employers to comply with the Occupational Health and Safety Act and take every precaution reasonably necessary to protect the health and safety of workers. This includes easy access to, and the use of, N95 respirators or equivalent or better and other personal protective equipment. We also encourage employers to remove the barriers that are likely causing vaccine hesitancy. Our members have told us that some employers are making little effort to facilitate staff vaccination uptake, which can impact overall vaccination rates.

ONA will file grievances only for nurses or health-care professionals who are disadvantaged through the imposition of a leave of absence or termination. It is important to note if you are terminated, you will need to mitigate your losses. Mitigation will be challenging given widespread pre-hiring COVID-19 vaccination requirements now in place and employees who are refusing the vaccine should be advised to consider the challenges of mitigating losses in the current context

ONA will not file grievances against vaccination policies that adopt the following measures, subject to the exceptions noted below.

Vaccine Status or Proof

Requirement to disclose vaccine status or proof that there is a medical reason for not being vaccinated or reasonable information related to other human rights grounds such as religious exemption. There should be appropriate safeguards in place to protect the privacy of employee personal health information. In particular, vaccination status should be shared with Occupational Health and only disclosed with managers for specific purposes related to COVID-19 and outbreak management.

Education

Requirement for vaccine education for unvaccinated employees and discipline for refusing to attend vaccine education will be upheld as reasonable if we proceed to arbitration.

Testing

COVID-19 testing for vaccinated and unvaccinated staff. ONA will not file grievances on regular testing for unvaccinated and/or vaccinated employees. Given the reduced efficacy of the vaccine against the Delta variant, extending testing to fully vaccinated workers would also be considered reasonable and will not be grieved.

Temporary exclusion from workplace/temporary leave of absence during outbreak

Unvaccinated employees may be temporarily excluded from workplace/reassigned/placed on leave of absence during a COVID-19 outbreak similar to the influenza protocol in the Hospital Central Agreement.

Mandating Vaccination Pre-Hire

Requiring all new hires or nursing students to be vaccinated. Employer policies setting out requirements prior to the employment relationship are not within the jurisdiction of the collective agreement. ONA cannot file grievances for new hires or students. This would be relevant for unvaccinated nurses and their ability to seek alternate employment or seek recourse for mandatory vaccination policies pre-hire.

Personal Protective Equipment

ONA objects to differential treatment of vaccinated and unvaccinated nurses when it comes to personal protective equipment. Employers should take reasonable precautions to ensure universal health and safety precautions in the workplace, including that all nurses regardless of vaccination status should be wearing an N95 respirator where there is a risk of both airborne and contact transmission of COVID-19. Directive 5 is also unchanged and still remains in effect. There is no shortage of PPE!

What is workplace violence?

The Occupational health and Safety act defines workplace violence as:

  • the exercise of physical force by a person against a worker, in a workplace that causes or could cause physical injury to the worker.
  • an attempt to exercise physical force against a worker, in a workplace, that could cause physical injury to the worker; and
  • a statement or behaviour that is reasonable for a worker to interpret as a threat to exercise physical force against the worker, in a work place that could cause physical injury to the worker (OHS A1(1) )

This may include:

  • verbally threatening to attack a worker
  • leaving threatening notes or sending threatening emails to a workplace
  • shaking a fist in a workers face
  • wielding a weapon at work
  • hitting or trying to injure a worker
  • any sexual verbalization or violence
  • kicking an object at a worker

Does the person need to intend to injure a worker?

For workplace violence to occur, a person must apply, attempt to apply, threaten to apply physical force against a worker.  However, he or she does not need to understand that the actions could cause physical harm.

For example, a person may have a medical condition that causes them to act out physically in response to a stimulus in their environment.  This would still be considered workplace violence.

Workplace violence can also include situations where 2 pts are fighting and the worker intervenes and as a result is injured, due to the use of physical force.

Employers are expected to take these situations into account and when assessing risk of workplace violence and when dealing with incidents.  They are required to ensure measures are in place to protect the safety of the workers from this behavior.

Harassment

Harassment can range from offensive remarks to violent acts that escalate overtime.  Harassment including sexual harassment  that occurs in the workplace and involves threats, attempt or acts of physical force would be considered physical violence

It is important for employers to recognize this behavior and deal with them promptly.

PLEASE REVIEW THE HOSPITAL POLICIES FOR FLAGGING ALERT

IRS

If you experience any sort of violence or harassment in the workplace complete an IRS and submit it as per the hospital policy.

  • Please notify your union rep if you have experienced violence or harassment in the workplace and have completed an IRS.
  • Your union rep will follow up with you, as it is the obligation of the hospital to report to the union any workplace injury or act of violence.  If you have not heard from your union rep, please reach out to discuss the incident.

IF YOU SUSTAIN A WORKPLACE INJURY AND COMPLETE AN IRS, PLEASE CONTACT YOUR UNION REPRESENTATIVE TO INFORM THEM OF THE INJURY.

 
Federal Bill C-3 Granted Royal Assent – recognizing violence against nurses and health-care professionals as an ‘aggravating factor’ during sentencing

The federal government’s Bill C-3, An Act to amend the Criminal Code and the Canada Labour Code, received Royal Assent on December 17, 2021. This means that effective January 16, 2022, individuals convicted of assaulting nurses or other health-care professionals may face stiffer penalties in sentencing.

The days of mischaracterizing violence as part of the job are long over. Violence against our members is a criminal offence, now an aggravating factor during sentencing, and should not be tolerated by employers, police, prosecutors and the courts alike.

Important Information for Niagara Health Members

To access the vaccination policy, please view on SourceNet (Human Resources, Occupational Health, right-hand side of the page).

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