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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>.
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