Safety First: Settlement reached at Hotel Dieu Grace Hospital

by Janina Fogels

This past July, ONA and Hotel Dieu Grace Hospital in Windsor, Ontario, achieved a settlement of its policy grievance following the tragic deaths of Lori Dupont and Marc Daniel.

In its original grievance, the Association asserted that the Hospital had failed to take all necessary steps to maintain a safe workplace free from violence, harassment and discrimination in contravention of the parties’ collective agreement and the relevant legislation including the Occupational Health and Safety Act. With the assistance of mediator Louisa Davie, the Hospital and the Association have reaffirmed their mutual, unqualified commitment to maintaining a violence-free workplace.

The Hospital is committed to its leading Workplace Violence Prevention Program, which captures both physical and verbal conduct of an abusive nature. The Hospital will continue to train all staff, including physicians, on the prevention of workplace violence during initial orientation as well as prior to the renewal of a physician’s privileges. A new Safe Workplace Advocate will be hired to promote and monitor the Program.

The Hospital also reaffirmed its commitment to implement all of the Coroner’s Inquest recommendations which are within its legal scope, including changes to the Medical Staff Governance By-Laws and mid-term review of physician privileges. ONA reaffirmed its commitment to supporting the implementation of the recommendations at the Hospital.

An ongoing Workplace Violence Prevention Committee will provide input into the Workplace Violence Prevention Program, which has been incorporated into the collective agreement between the parties and is subject to its grievance/arbitration provisions. Where a complaint involves a physician and a member of ONA, an independent fact-finder will conduct the required investigation.

The Hospital and the Association recognized the need to address allegations of workplace violence expeditiously; if allegations are not resolved, the parties will refer them to an expedited arbitration process. The hearing will commence no later than 45 days from the request for referral. The arbitrator will ensure that the hearing is completed within six months and will issue an award within 30 days of completion of the hearing.

To provide a lasting tribute to Lori Dupont, the Hospital will establish an annual $5,000 bursary program for members of the bargaining unit and successful applicants will be entitled to receive a portion for education purposes.