Healthcare Heroes Deserve Protection: Your Rights During Safety and Health Week

Written on behalf of Peter McSherry

As we observe Safety and Health Week across Canada, healthcare workers in Ontario face a stark reality: workplace violence has become an occupational hazard that can no longer be ignored. Nurses, doctors, paramedics, personal support workers, and other healthcare professionals are increasingly targeted for verbal abuse, threats, physical assaults, and harassment while providing essential care. This isn’t a problem confined to major hospitals in Toronto or Ottawa; it’s happening in emergency departments, clinics, and care facilities across Ontario, from Thunder Bay to Kingston, from Sudbury to London.

The statistics paint a troubling picture. According to workplace health and safety research, healthcare workers experience violence at rates significantly higher than other professions. Yet many incidents go unreported, and too many workers suffer in silence, unsure of their rights or where to turn for help. This Safety and Health Week serves as a critical reminder that your safety is not a luxury; it’s a fundamental right protected by Ontario law, and you deserve to work in an environment free from violence and intimidation.

Understanding Workplace Violence in Ontario

Ontario’s Occupational Health and Safety Act (OHSA) defines workplace violence as an attempted, threatened, or actual conduct that causes or is likely to cause physical or psychological injury or harm. For healthcare workers, this encompasses a wide range of situations: a patient who threatens a nurse, a visitor who becomes aggressive in a hospital lobby, a colleague who creates a hostile work environment, or systemic patterns of disrespect that erode your psychological safety.

What many healthcare workers don’t realize is that their employer has a legal duty to protect them. Under the OHSA, organizations must conduct violence risk assessments, implement violence prevention programs, provide training and education, investigate incidents promptly, and support affected workers. If your employer in Ontario fails in these duties, they’re not just violating workplace health and safety standards; they may be exposing themselves to liability.

Your Rights as a Healthcare Worker in Ontario

Ontario employment law and health and safety legislation grant healthcare workers several important rights. First and foremost, you have the right to refuse unsafe work. If you reasonably believe that workplace violence or threats create a danger to your health and safety, you can stop work and notify your supervisor. Your employer cannot retaliate against you for exercising this right; retaliation itself is a violation of the OHSA and can expose your employer to penalties.

Second, you have the right to a thorough investigation when you report an incident of workplace violence. This investigation should be impartial, timely, and thorough. Your employer must take your concerns seriously, not dismiss them, and must document findings and remedial actions. If you’ve reported violence and your employer has failed to investigate, this is a serious breach of their legal obligations.

Third, you have the right to support following a violent incident. This may include access to counselling, modified work arrangements, or paid leave while you recover. Workers’ compensation coverage is available for injuries resulting from workplace violence, including psychological injuries like trauma and anxiety. Many healthcare workers in Ontario don’t pursue claims they’re entitled to because they’re unaware of these protections.

Fourth, as an employee in Ontario, you may have claims under employment law if you’ve experienced harassment, discrimination, or constructive dismissal related to workplace violence. If your employer knew of violence but failed to take steps to protect you, these claims can result in significant compensation for lost wages, lost benefits, pain and suffering, and punitive damages.

Common Failures by Ontario Employers

Many employers fail to conduct adequate violence risk assessments, leaving workers in blind spots. Others conduct assessments but fail to implement proper violence prevention measures. Some employers trivialize reports of violence, treating incidents as individual personality conflicts rather than systemic safety issues. Tragically, many discourage reporting altogether, creating a culture where workers suffer silently rather than face potential judgment or retaliation.

Another common failure is inadequate training. Healthcare workers need specific, practical training on de-escalation, recognizing escalation patterns, and procedures for reporting and responding to violence. Generic safety training is insufficient. Additionally, many employers fail to provide adequate support after incidents, expecting workers to simply “move on” rather than offering counselling, modified duties, or other accommodations.

What to Do if You Experience Workplace Violence

If you experience workplace violence in Ontario, your first step is to ensure your immediate safety. Remove yourself from danger if you can do so safely. Then, report the incident promptly to your supervisor, manager, or designated health and safety representative. Document the incident in writing, noting the date, time, location, people involved, what happened, witnesses, and any injuries or psychological impact.

Seek medical attention or counselling if needed. This creates a record and ensures you receive support. If you’ve been injured, consider filing a Workers’ Compensation claim. Save all documentation related to the incident, including emails, incident reports, photographs of injuries, and medical records. If your employer retaliates against you for reporting, document that as well.

Finally, consult with an employment lawyer experienced in workplace violence cases. Many healthcare workers are entitled to compensation or other remedies they don’t know about. An experienced legal advisor can evaluate your situation, explain your options, and represent your interests.

As we mark Safety and Health Week, remember this: your safety matters. Your psychological well-being matters. Your right to work free from violence is protected by law.

Peter A. McSherry Employment Lawyer: Advising Employees on Their Workplace Safety Rights in Guelph

If you’re a worker in Ontario who has experienced workplace violence, harassment, or unsafe working conditions, Peter A. McSherry Employment Lawyer is here to help. We advise employees on a broad range of workplace issues, including wrongful dismissal and constructive dismissal claims, and harassment and discrimination matters. Our firm proudly serves clients in Guelph, Cambridge, Kitchener, and the surrounding areas. To schedule a confidential consultation, please contact us online or call 519-821-5465.