Convicted: Pathways to Independence, 289 Pinnacle Street, Belleville, Ontario.
Location of Workplace: 2426 County Road 18, Kemptville, Ontario.
Description of Offence: A worker working at a home operated by Pathways to Independence was fatally injured as a result of an incident of workplace violence. Pathways to Independence failed, as an employer, to reassess the risk of workplace violence as required under section 32.0.3(4) of the Occupational Health and Safety Act.
Date of Offence: July 24, 2020.
Date of Conviction: March 8, 2022.
Penalty Imposed:
- Following a guilty plea in provincial offences court in Brockville, Pathways to Independence was fined $135,000 by Justice Richard Knott.
- The court also imposed a 25-per-cent victim fine surcharge as required by the Provincial Offences Act. The surcharge is credited to a special provincial government fund to assist victims of crime.
Background:
- Pathways to Independence (“Pathways”) is a not-for-profit organization that offers assisted community living services including supportive housing options, day and recreation programs, behaviour therapy, and short-term respite.
- On July 24, 2020, a worker employed by Pathways arrived for their overnight shift, working alone, at one of the assisted living group homes operated by Pathways.
- Shortly after, a co-worker received a call indicating that the worker on the overnight shift had been fatally injured.
- The co-worker returned to the workplace to find the worker on the floor unresponsive, and immediately called 911.
- The worker was transported to a nearby hospital and was pronounced dead.
- An investigation by the Ministry of Labour, Training and Skills Development determined that Pathways failed to reassess the risk of workplace violence as required.
- Accordingly, on July 24, 2020, Pathways committed an offence contrary to section 32.0.3(4) of the Occupational Health and Safety Act.