On November 10, 2009, the Ontario Labour Relations Board rejected the Hastings and Prince Edward Counties Health Unit's request to suspend Ministry of Labour orders requiring the Health Unit to provide its employees with appropriate personal protective equipment while screening individuals for influenza-like illness at its vaccination clinic.  

A Ministry of Labour inspector appointed under the Occupational Health and Safety Act visited the work site on October 26, 2009 and ordered the employer to provide N 95 respirators and eye protection to workers screening for influenza-like symptoms. The inspector also ordered that the employer provide its workers with appropriate fit-testing and training to ensure the effectiveness of the N 95 respirators.  The employer filed an appeal of the orders with the Ontario Labour Relations Board as well as an application for the suspension of the orders pending the appeal.

The Board, however, rejected the employer's request for suspension, ruling instead that the employer must comply with the inspector's orders pending appeal. While the appeal of the orders still lies ahead, the Ontario Nurses' Association's challenge to the employer's suspension request has won a significant victory since the employer must provide N95 respirators to nurses screening for H1N1 at vaccination clinics in the interim and, depending on how long the appeal process takes, this could cover a substantial portion of the vaccination period.

Stephen Moreau and Adrienne Telford, in conjunction with Nicole Butt, acted for the Ontario Nurses' Association in responding to the employer's request for suspension. A copy of the Board's decision can be read here:  ONA & Hastings & PEIC Health Unit.PDF