Manitoba health-care union suing province over alleged safety enforcement failures

People enter the Law Courts in Winnipeg on Monday, Feb. 5, 2018. THE CANADIAN PRESS/John Woods

A union representing thousands of health-care workers across Manitoba is taking the provincial government to court, alleging it has failed to enforce workplace safety laws.

On Monday, the Manitoba Association of Health Care Professionals (MAHCP) filed an application for mandamus in the Manitoba Court of King’s Bench, seeking a court order requiring the province to enforce the Workplace Safety and Health Act and the Workplace Safety and Health Regulation in relation to Shared Health.

“At its core, this case is about the safety of health-care professionals and patients,” the union told CTV News in a statement.

MAHCP alleges Shared Health—the province’s largest health-care employer—has ignored or breached safety requirements set out in legislation, while the provincial Workplace Safety and Health Branch has failed to enforce those laws.

The six-page court filing says Shared Health’s alleged violations include failing to establish compliant workplace safety and health programs in its workplaces and failing to ensure representatives are competently trained to fulfill their duties.

It also claims the provincial health authority has failed to investigate cases of violence against workers, implement control measures and prepare reports on workplace violence.

“Without a violence report on numbers, a report indicating that investigations have taken place, and without recommendations to mitigate violence in the workplace have been enacted, we have very little faith the employer takes their obligations of keeping workers safe seriously,” the union said.

MAHCP said it has raised concerns for more than two years and claims similar violations in the private sector would have resulted in those companies being shut down.

“The Government of Manitoba, through the Branch, has abused its discretion by acting for an improper purpose, with malice, bad faith or by referring to irrelevant considerations in failing to take measures to enforce Shared Health’s compliance under the Act,” reads the filing.

Shared Health, who is not listed as a defendant on the filing, and the province both declined to comment as the case is before the courts.

MAHCP represents more than 7,500 allied health professionals, accounting for over 90 per cent of the profession in the province.

Affidavits are also expected to be filed as evidence in the case. The province has not yet responded to the legal action with a filing of its own.

The union is being represented by Abram Silver and Avery Sharpe with Myers LLP.

None of the claims have been tested in court.