A personal support worker was physically assaulted by a resident with a documented and known history of aggressive behaviour. The employer had conducted a risk assessment identifying the resident as high-risk but had not ensured that the specific risk information was communicated to the worker who was assigned to provide care to that resident on the day of the assault.
What Happened
- The assaulting resident had a documented history of violent behaviour that was known to management
- A workplace violence risk assessment had been completed and identified the resident as high-risk
- The risk information had not been communicated to the worker who was assigned to that resident
- No individualized care plan addressing the violence risk was in place for that resident at the time of the incident
- The employer had not implemented protective measures such as a two-person assist for interactions with this resident
The Outcome
Carrus Group Inc. was convicted under Section 32.0.3 of the OHSA for failing to share known violence risk information with a worker who was at risk. The company was fined $130,000 plus the victim fine surcharge.
Citation: 2019 ONCJ 341 · Penalty: $130,000
What This Case Teaches Ontario Health Care Employers
Under OHSA s.32.0.3, employers must share information about persons with a history of violent behaviour with every worker who can be expected to encounter that person in the course of work. Completing a risk assessment is not enough — the information must reach the frontline workers who are at risk. A risk assessment that sits in a file while workers are left unaware of a known hazard does not discharge the employer's legal obligation.
This summary is drawn from the reported outcome of an Ontario occupational health and safety prosecution. It is provided for educational purposes and is not legal advice.