Grainne McGrath

The Ministry of Labour charged the Royal Ottawa Health Care Group with three offences under the Occupational Health and Safety Act arising from a workplace violence incident on July 5, 2012, in the Recovery Program.

A patient became violent and assaulted two registered practical nurses and a personal care attendant.

The charges alleged failures to: (1) develop and maintain measures and procedures for summoning immediate assistance when workplace violence occurs; (2) provide sufficient information, instruction and supervision to workers to protect their health and safety; and (3) take every precaution reasonable in the circumstances for worker protection.

The court found that the employer had developed and maintained appropriate policies and procedures, that workers had received adequate training, and that the response to the incident was immediate.

All three charges were dismissed.

An appeal of a conviction under section 25(2)(a) of the Occupational Health and Safety Act arising from a workplace injury where a temporary employee's foot was crushed under a moving refuse truck wheel, resulting in amputation.

The trial judge convicted the employer of failing to provide adequate information, instruction, and supervision.

The appellate court found the trial judge erred by conflating the actus reus analysis with the due diligence defence, failing to properly evaluate whether the Crown proved the prohibited act beyond a reasonable doubt, and misapplying the law regarding delegation of supervisory responsibilities.

The court ordered a new trial.