Listen to Quebec Health Care Workers!
Labour Court Vindicates Workers' Demands for N95 Masks
On March 23, three unions -- the Confederation of National
Trade Unions (CSN), the Interprofessional Health Federation of Quebec
(FIQ) and the FIQ-private sector -- announced that they had won their
case before the Administrative
Labour Court (TAT) with regards to N95 protective masks. The TAT
acknowledges that the precautionary principle should have been applied
considering the serious risk of aerosol transmission of the virus which
has been widely proven. It agrees with the unions in their demands that
their employers in the health system and the Labour Standards, Pay
Equity and Workplace Health and Safety Board (CNESST) must
act responsibly in protecting workers. As of now,
employers in the health care system must provide all personnel caring
for residents suspected of having COVID-19 with respiratory N95 masks,
in warm zones as well as in hot zones. Until now, employers and the
CNESST refused to apply the precautionary principle and to provide
health workers with the adequate protective
equipment. In the first wave alone, 13,500 health workers were
infected. The risk of being infected by COVID-19 was ten times higher
than for the rest of the population. The TAT stated
that employers must set up warm and hot zones with teams assigned to
each zone and reiterated the importance of the precautionary principle.
In light of this decision, unions point out that the
Vigi-Santé centre and the Integrated Health and Social Services Centre in the Outaouais violated their
obligations pursuant to the Occupational Health and Safety Act
and that the government showed indifference by
refusing to be proactive as prescribed by law. They are revolted that
they have had to fight so that a judge would finally acknowledge the
obvious. The National Director of Public Health passed an order to
hinder access to N95 masks and continuously challenged the legal
actions taken by
unions regarding their health and security concerns at the workplace.
In spite of the risk of aerosol spread of the virus and the repeated
requests of unions to apply the precautionary principle, the government
and managers relentlessly refused to consider their demands. The
unions
state: "It was our responsibility to ensure that the health and safety
of the healthcare professionals and health of the residents was
respected. In the face of a potentially deadly threat for which the
world has deployed extraordinary health measures, the government and
employers have tolerated that those who are the backbone of the network
are sent to the front lines with the bare minimum to protect themselves
and their patients. They were particularly negligent when they were
responsible for a clientele known to be very vulnerable to the virus.
They should have made it their priority." The Quebec government must
be held to account for its criminal negligence, a course it is pursuing
in spite of all the evidence of their harmful activities, passing laws
such as Bill 59 which, rather than helping to improve health and safety
at the place of work, will make the situation worse, further
endangering workers and those in their
care.
This article was published in
March 29, 2021 - No.
23
Article Link:
https://cpcml.ca/WF2021/Articles/WO08233.HTM
Website: www.cpcml.ca
Email: editor@cpcml.ca
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