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VULNERABLE - The Law, Policy and Ethics of COVID-19
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VULNERABLE484 Hugh Armstrong and Ivy Bourgeault in Chapter E-1 of this book, lean management practices have led to insufficient supplies of protective equipment, and insufficient staffing levels, in health care institutions that now rely on an increasingly precarious labour force that often moves between multiple workplaces, putting workers and patients at risk. Conclusion: What Does the Situation Say About Regulatory Effectiveness? OHS legislation exists throughout Canada requiring employers to ensure that workers are not exposed to hazardous situations that can lead to injury or death because of their work. The precautionary prin- ciple that provides that prevention measures be put in place when scientific uncertainty prevails is intrinsic to OHS law.51 The viola- tions described in this chapter go beyond failure to apply the pre- cautionary principle: Evidence is abundant that workers were and are endangered because they are exposed to obvious hazards with insufficient protective equipment and with inadequate effort to elimi- nate the hazards at source. This is a clear demonstration of regulatory failure. Others, including residents of long-term care facilities and their survivors, have also been disproportionately affected by these breakdowns, and several have launched class action suits against the facilities that failed to provide adequate care;52 those workers who are covered by workers’ compensation can’t sue their employers, so there is no potential economic incentive that lawsuits could provide with regard to Quebec workers and those working in publicly funded long- term care facilities in Ontario. Even in the private facilities in Ontario that do not have coverage, it is unlikely that workers would choose to sue their employers, as this would bring an end to their employment; in addition, civil remedies would be costly and beyond the means of most employees of long-term care facilities. Recourse for family mem- bers who contract the illness from workers is unclear. (22 April 2020), online: <https://www.theglobeandmail.com/politics/article- canada-cut-number-of-stockpile-storage-locations-for-critical-medical/>. 51. Bombardier Aéronautique Inc v TAT, 2017 QCCS 5488, confirmed in results in Bombardier Aéronautique v CNESST, 2020 QCCA 315. 52. Mark Gollom, “Flood of COVID-19 Related Lawsuits Expected to Hit Courts”, CBC News (8 May 2020), online: <https://www.cbc.ca/news/coronavirus-lawsuits- insurance-nursing-homes-1.5559520>.
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VULNERABLE The Law, Policy and Ethics of COVID-19
Titel
VULNERABLE
Untertitel
The Law, Policy and Ethics of COVID-19
Autoren
Vanessa MacDonnell
Jane Philpott
Sophie Thériault
Sridhar Venkatapuram
Verlag
Ottawa Press
Datum
2020
Sprache
englisch
Lizenz
CC BY-NC-ND 4.0
ISBN
9780776636429
Abmessungen
15.2 x 22.8 cm
Seiten
648
Kategorien
Coronavirus
International
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VULNERABLE