Page - 477 - in VULNERABLE - The Law, Policy and Ethics of COVID-19

477Occupational Health and Safety and COVID-19: Whose Rights Come First in a Pandemic? (OLRB),13 and an order rendered by an arbitrator,14 since the outset of the pandemic, all of these rights have been violated in many workplaces. Workers are not provided with adequate protective equipment, they are not consistently informed of the hazards, and they are not told who among their colleagues or patients has COVID-19. OHS inspections in Ontario were the subject of a court order to ensure that inspections actu- ally happened. The OLRB (paragraph 5) required that an inspector “shall physically attend the Respondents’ workplaces to meet with the work- place parties and conduct inspections under the OHSA on a weekly basis for a two-month period.” These judgments show that access to appro- priate masks and gowns was denied to front line workers, and work- ers’ rights to participate have been stymied by a lack of transparency, a finding acknowledged by the arbitrator’s order to involve and inform joint health and safety committees on issues relating to COVID-19 in the respondent facilities in a decision rendered in expedited arbitration involving the Ontario Nurses Association and dozens of nursing homes. The Star quoted the president of the Ontario Public Service Employees’ Union that represents Ministry inspectors as saying “inspectors are being told to send their reports and orders to lawyers and managers within the Ministry” and he added, “inspectors are telling us they can’t do their jobs.” The same article noted that across all occupational sectors, none of the over 200 work refusals had been upheld.15 *** In Quebec, while some work refusals have been upheld, there appears to have been little litigation, although dialogue between 13. Ontario Labour Relations Board, OLRB Case No: 0091-20-HS; 0092-20-HS; 0093- 20-HS, decision rendered on April 24, 2020; Sara Mojtehedzadeh, “Ontario Labour Board Orders Weekly Safety Inspections at Three Nursing Homes After COVID-19 Deaths”, The Star (24 April 2020), online: <https://www.thestar.com/ news/canada/2020/04/24/ontario-labour-board-orders-weekly-safety-inspec- tions-at-three-nursing-homes-after-covid-19-deaths.html?fbclid=IwAR2t7bAsD Gvn3TK7clzSDm4107LAxxBm3oq2JADAi5_tBDS7zXHSz8syc8A>. 14. Participating  Nursing  Homes  v  Ontario  Nurses’  Association (2020), online (pdf): Hicks  Morley  <https://hicksmorley.com/wp-content/uploads/2020/05/ONA-and- Participating-Homes-May-4-2020-Award.pdf>. 15. Sara Mojtehedzadeh, “Many Ontario Workers Are Trying to Refuse Work Due to COVID-19 Fears—But the Government Isn’t Letting Them”, The Star (27 April 2020), online: <https://www.thestar.com/business/2020/04/27/many- ontario-workers-are-trying-to-refuse-work-due-to-covid-19-fears-but-the-gov- ernment-isnt-letting-them.html>.