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unions and employers is reported to have continued in several sec-
toral associations legally empowered to provide OHS guidance
applicable throughout their sectors (OHSQ, s. 101). Thousands of
workers have fallen ill, leading to the closure of essential services
such as abattoirs, and leaving residents of long-term care facilities
without adequate care. A criminal inquiry is underway, in a case
where 31 residents from the Herron private care home were found
dead, some suspected to have died from lack of care.16 It is reported
that workers are being prevented from leaving the workplace at the
end of their shifts.17
Workers’ compensation legislation provides economic sup-
port for workers who are unable to work because of illness or injury.
Funded by employers’ premiums, legislation protects employers from
lawsuits filed by their employees,18 but also protects them from law-
suits filed by employees of others (AIAOD, s. 441; WSIA s. 28). To
access benefits or to receive protection from lawsuits, the industrial
sector of the workplace must have coverage under the Act. In Quebec,
93.17% of the workforce has coverage;19 in Ontario, only industries
explicitly mentioned in policy have coverage, 74.48%.20 Significantly,
public long-term care homes are mandatorily covered under WSIA,
but coverage of private care homes is not mandatory.21 This leaves
many Ontario workers at the heart of the pandemic without workers’
compensation and those employers vulnerable to lawsuits.
***
16. Morgan Lowrie, “Quebec Coroner to Investigate 31 Deaths at Seniors’ Home
in Montreal”, Global News (12 April 2020), online: <https://globalnews.ca/
news/6810089/quebec-coroner-to-investigate-31-deaths-at-seniors-home-in-
montreal/>.
17. Angela MacKenzie & Adam Kovac, “Staff at Verdun Seniors’ Residence Were
Locked in to Prevent Them from Leaving”, CTV News (14 April 2020), online: <https://
montreal.ctvnews.ca/staff-at-verdun-seniors-residence-were-locked-in-to-
prevent-them-from-leaving-1.4894875?cache=%3FclipId%3D89750>.
18. An Act Respecting Industrial Accidents and Occupational Diseases, RSQ c A-3.001,
s 438; Workplace Safety and Insurance Act 1997, SO 1997, c 16, Sch A, s 26(2).
19. “Workers Compensation Legislation & Policy” (last visited 10 May 2020), online:
Association of Workers’ Compensation Boards <http://awcbc.org/?page_id=79>.
20. Ibid.
21. “Employer Classification Manual: 623310 Community Care Facilities for the
Elderly” (last visited 12 May 2020), online: Workplace Safety and Insurance Board
<https://safetycheck.onlineservices.wsib.on.ca/safetycheck/ecm/naics/623310?
lang=en>.
VULNERABLE
The Law, Policy and Ethics of COVID-19
- Title
- VULNERABLE
- Subtitle
- The Law, Policy and Ethics of COVID-19
- Authors
- Vanessa MacDonnell
- Jane Philpott
- Sophie Thériault
- Sridhar Venkatapuram
- Publisher
- Ottawa Press
- Date
- 2020
- Language
- English
- License
- CC BY-NC-ND 4.0
- ISBN
- 9780776636429
- Size
- 15.2 x 22.8 cm
- Pages
- 648
- Categories
- Coronavirus
- International