Care-home nurses win right to decide on PPE

A Superior Court judge has ruled that nurses have the right to decide which personal protection equipment is needed when working in long-termcare homes with COVID-19.

Justice Edward Morgan of Ontario Superior Court sided with the Ontario Nurses’ Association (ONA) in its application for an injunction that would allow nurses in long-term-care homes, including Eatonville Care Centre in Etobicoke, to err on the side of caution.

“Where the lives of nurses and patients are placed at risk, the balance of convenience favours those measures that give primacy to the health and safety of medical personnel and those that they treat,” Morgan wrote in his judgment released late Thursday.

The emergency injunction has a second public health directive that deals with infection-control measures, which ONA alleged were not properly implemented in the homes. That included keeping residents with COVID separate from those who were not infected to stop the spread of the virus, said Kate Hughes, of Cavalluzzo LLP, who argued the case for ONA. The injunction will remain in place until the outcome of an arbitration hearing, Hughes said.

ONA president Vicki McKenn a said the association is “thrilled” that nurses in the homes will have access to proper protective equipment and homes will be forced to follow infection-control procedures.

“It is truly a huge relief to know that after exhausting all other avenues, the Ontario Superior Court has agreed with ONA that these employers must follow health and safety practices to prevent the spread of infection among long-term-care residents and the registered nurses and health professionals who care for them,” McKenna said in a statement.

In his ruling, Morgan highlighted the precautionary principle — to err on the side of caution and take all reasonable measures to keep workers safe — that the late justice Archie Campbell used in his 2003 report on SARS. The hearing was held on Wednesday. ONA filed an application for the injunction last week, asking the Superior Court to order three nursing homes to stop “breaching” directives from Ontario’s chief medical officer meant to protect vulnerable seniors and the staff who serve them. Those three homes are Eatonville, Anson Place in Hagersville and Hawthorne Place in North York. All homes have had outbreaks of COVID-19. On Thursday, Responsive Group, which manages the homes for Rykka Care Centres, said it is, “comfortable with the decision,” saying it confirms that the directives from Ontario’s chief medical officer of health are appropriate to protect staff in long-term care.