Hospital "tardy" in complying with MOL order: union (UPDATED)

The Ontario Nurses Association filed “numerous” grievances against the North Bay General Hospital over the same issue which led the Ministry of Labour to lay six charges against the health care facility, says Nancy Johnson, an ONA labour relations officer.

An MOL official laid the charges, each of which carries a maximum $500,000 fine, against the hospital in March related to exposure of employees to nitrous oxide in the hospital’s operating rooms.

“This is a serious incident and such exposure should not have to be taking place because regulations have long been in place to protect workers against waste anesthetic gases,” said Johnson, from her Sudbury office.

“And it’s also the first time we’re aware of an employer in the health care sector has been charged under the Occupational Health and Safety Act, at least in relation to patient care staff.”

Ventillation problem
Hospital spokeswoman Pat Stevens declined comment stating that the matter is before the courts.

But, BayToday.ca has learned, the hospital has retained Miller-Thompson, a Toronto law firm, to represent it at Provincial Offences Court.

Joshua Liswood, a partner in the firm, confirmed his company had been hired by the hospital.

Johnson said several hospital workers, including some ONA members, discovered a ventilation problem in two operating rooms and brought the matter to management's attention.

An occupational health and safety officer subsequently brought the matter to the attention of the Ministry of Labour, said Brian Blumenthal, who’ll be prosecuting the case.

Hospital was tardy
Blumenthal said the MOL conducted an inspection and ordered the hospital to inspect the mechanical ventilation systems.

Johnson said the hospital was “tardy” in complying with the order.

“We do have numerous grievances filed and we’re pursuing those, but so far there’s been no date for arbitration hearings,” Johnson said.

Exposed to hazards
One of the MOL charges relates to failure to establish health and safety measures for workers exposed to agents that may be a hazard during pregnancy.

“We’re concerned there may have been harmful exposures, and we’re always concerned to hear when our members are exposed to hazards form which they should be protected,” Johnson said.

“It’s been known for decades that exposure to these gases can pose a particular hazard to pregnant women and there was a miscarriage during the time of the apparent exposure.”

The matter resumes in Provincial Offences Court June 15.