Home care workers who experience racism, threats must be protected: Labour tribunal

A female nurse supports a senior male patient to stand up.

After years of reported violence by a client, Quebec’s Administrative Labour Tribunal has ruled in favour of the Fédération interprofessionnelle de la santé du Québec (FIQ) in a major case aimed at protecting home support workers employed by the CIUSSS du Nord-de-l’Île-de-Montréal.

According to the FIQ, over the course of six years, an “entire home support team” working with a single client experienced “repeated violent behaviour.”

The acts included insults, threats, throwing objects and chasing staff in a wheelchair.

The situation led a nursing assistant to file a complaint in December 2021 with the Commission des normes, de l’équité, de la santé et de la sécurité du travail (CNESST), Quebec’s workers’ health and safety board.

On Jan. 21, 2022, the CNESST confirmed that the risk of violence was uncontrolled and ordered the employer to perform a corrective notice.

In its follow-up, on March 1, 2022, the Commission concluded that the situation had been mitigated - something the FIQ vehemently disagreed with.

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At the time, the Federation argued that the situation constituted a real and persistent danger, not merely a risk.

“This is not an isolated case. It has been going on for over six years with racist insults, threats and physical acts on a daily basis,” said Isabelle Roy, president of the union of health care professionals of Montreal North (FIQ-SPSNIM).

“We cannot trivialize this. The psychological consequences are devastating. Home care workers visit clients alone and must be able to work without fearing for their safety. Racialized workers should not have to endure degrading remarks or comments. Respect for their dignity is non-negotiable.”

On May 15, Quebec’s Administrative Labour Tribunal ruled with the FIQ that the workers’ employer had failed to meet several of its obligations under the Occupational Health and Safety Act (LSST), with the latter condemning flaws within the health care system when it comes to curbing violence.

“In particular, the employer failed to identify, analyze and adequately monitor risks of violence; to properly inform and train staff; to document and report incidents; to implement effective protective measures; and to provide adequate support to workers who are victims of violence,” the FIQ noted.

The tribunal also highlighted significant structural issues, including a lack of statistics on incidents of violence and inadequate information management.

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“The employer does not compile statistics or develop indicators regarding incidents of violence by users and the associated risk factors,” it stated.

As such, the tribunal has asked the CNESST to resume monitoring the case and offer assistance to the employer if needed.

“The employer has an obligation to assess risks and protect its workers,” said Roy. “What the Tribunal confirmed is that this was not done properly. Unfortunately, this case is far from unique, and thanks to this decision, we now have leverage to force the employer to act.”

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The FIQ says it intends to closely monitor the situation so that “workers can finally have a safe work environment free from any discriminatory remarks or actions.”

“This ruling is clear: we must never accept violence and racism toward staff members, and institutions must stop fumbling in the dark when it comes to patient behaviour,” said Julie Bouchard, FIQ president.

“No one should have to endure this as part of their job, and it is the legal responsibility of employers to ensure this. We will continue to press for real change on the ground.”