A personal support worker (PSW) at a long-term care home operated by Revera Inc. was assaulted by a resident with a documented history of violent behaviour and sustained injuries requiring emergency medical treatment. The employer had not shared the resident's behavioural risk information with the assigned worker before the shift and had not updated the resident's individualized care plan following several prior violent incidents involving the same individual.
What Happened
- The assaulted worker had not been briefed on the resident's documented history of aggression before the shift
- The resident's care plan had not been revised after multiple prior violent incidents
- No protective measures (such as a two-person assist) had been implemented
- The employer's workplace violence prevention program had not been updated to address this resident's escalating behaviour
- The OHSA requires employers to disclose resident violence histories to workers who may be at risk, even when information is confidential
The Outcome
Revera Inc. was convicted under Section 32.0.5 of the OHSA for failing to provide a worker with information about a person with a history of violent behaviour. The company was fined $65,000 plus a 25% victim fine surcharge.
Citation: 2018 ONCJ 512 · Penalty: $65,000
What This Case Teaches Ontario Health Care Employers
Healthcare employers are legally required to share information about residents or clients with a history of violent behaviour with every worker who may interact with that person. This obligation applies even when the information would otherwise be considered confidential. Workplaces must conduct regular violence risk assessments, update care plans after every incident of violence, and implement individualized controls before assigning staff to high-risk residents.
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.