Home Featured‘If you kill a worker, you should go to jail’: Union blasts lack of jail time in workplace death of PSW

‘If you kill a worker, you should go to jail’: Union blasts lack of jail time in workplace death of PSW

by HR News Canada
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An Ontario organization that provides care for adults with developmental disabilities has been found guilty of multiple workplace safety violations in connection with the drowning death of a personal support worker in 2021, according to SEIU Healthcare.

The Ontario Court of Justice ruled that New Leaf: Living and Learning Together Inc. failed to meet safety standards under the Occupational Health and Safety Act when 50-year-old Ashiru Awoyemi drowned while supervising a client alone at the organization’s swimming pool in February 2021. No lifeguard was present at the time, according to a press release issued by the union.

New Leaf and one of its managers will pay fines totalling $255,000, spread over 10 years. The majority of the money will go to the Ministry of Finance rather than Awoyemi’s family.

SEIU Healthcare, which represents workers at the Richmond Hill-based organization, said the penalty fails to reflect the severity of workplace safety violations that led to a preventable death.

“$255,000. That’s the price our justice system is putting on the life of a care worker,” said SEIU Healthcare President Tyler Downey. “The neglect by New Leaf led to the death of a father and husband who went to work that day so he could provide to his family in Nigeria and reach his dream of bringing them to Canada. Instead, his life was stolen, and his families’ dreams were shattered. These weak fines are not justice and won’t prevent more tragedies in the future. If you kill a worker, you should go to jail.”

The union argued that jail time, rather than fines, would send a stronger message about the consequences of failing to maintain safe working conditions. No individuals involved in the case will serve prison sentences under the current ruling.

New Leaf provides residential and community-based support services for adults with developmental disabilities and complex needs across the Greater Toronto Area.

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