As people age, it becomes increasingly difficult for them to take care of themselves. For a while, their children and loved ones volunteer to look after them and provide for their immediate needs, but this cannot go on forever. Over time, the people taking care of the elderly have to go to college, work, relocate to a different part of the country, or focus on a more pressing issue in their lives.
This is why nursing homes are necessary. Nursing homes have workers that are dedicated to caring for the elderly. These workers help the elderly move around, bathe, use the washroom, eat, take their medication, and offer assistance whenever they need it. Families that admit their loved ones to these assisted living facilities expect them to be taken care of and treated humanely.
An Article from Our American Contributor
Photo by : Kampus Production
Unfortunately, there may be slip-ups, which is why there are sometimes reports of wrongful death in a nursing home. In such cases, the immediate family of the deceased person may file a claim in court against the nursing home seeking redress for damages, neglect, and emotional distress. To win such cases in court, the family has to hire a competent lawyer who can prove the death was wrongful and preventable, and that the deceased deserves justice.
USA's Answer to Workplace Health and Safety
To prevent these unfortunate circumstances, in USA, the Occupational Safety and Health Administration (OSHA) and other agencies have regulations to guide nursing home employers and employees. These regulations are designed to protect the vulnerable residents from being mistreated and they ensure that said residents get the care they pay for. It also ensures that employees are treated fairly while on duty. Failure to comply with these regulations may result in fines, license revocations, and other sanctions.
Some of these regulations include:
Workplace violence prevention
OSHA has recognized the possibility of violence in assisted living facilities and has directives that outline procedures for identifying and addressing workplace violence risks. These procedures include the training of personnel to handle and report violent or potentially violent situations.
Personal protective equipment
Nursing home employees are expected to wear personal protective equipment (PPE) when dealing with their residents. This means they have to wear gloves, masks, gowns, and other appropriate PPE that protect them and the residents.
Photo by : Michelangelo Buonarroti
Ergonomics standards
Nursing home employees often lift their patients, carry heavy items, and engage in physically strenuous activities while on duty. OSHA has regulatory guidelines to prevent musculoskeletal disorders and injuries that may occur from heavy lifting and repetitive motions. These guidelines allow said employees to safely lift and reposition patients.
Recordkeeping and incident reporting
Photo By : Eduardo Romero
OSHA expects care home employers to keep records of work-related injuries and illnesses for review during inspections and investigations. These records will allow the appropriate parties to ensure compliance with regulations and to prevent regrettable incidents from happening again.
Canada's Answer to Workplace Safety
Similar regulations are available to protect Ontario nursing home employees.
In Ontario, the Human Rights Code, the Occupational Health and Safety Act, and the Employment Standards Act safeguards employees from workplace harassment, workplace discrimination and other unfair labour practices.
In addition, in Ontario, there are some statutory requirement to maintain a healthy and safe working environment. For instance, under the Working for Workers Act, 2021, any employer with 25 or more employees (as of January 1 of any year) is required to have a written policy regarding "disconnecting from work" by March of that year for all employees.
"Disconnecting from work" is defined as "engaging in work-related communications, including emails, telephone calls, video calls or the sending or reviewing of other messages, to be free from the performance of work".
Similar to USA, wrongful death due to negligence of the nursing home are actionable tort in Canada.
Relevant Articles of Interest:
Conclusion
Nursing homes are necessary in society to ensure the elderly get the care they deserve at all times. These assisted living facilities are bound by OSHA regulations in the USA and OHSA, ESA and human rights regulations in Ontario that guide the actions of employers and employees so they prevent work-related injuries and maltreatment of the residents in their care. This is why they can be sued if a resident dies wrongfully.
If you’ve been a victim of workplace harassment and discrimination, don't wait or there might be serious health implications to your mental and physical health.
You may want to consult with an experienced employment law firm, such as HTW Law, to learn about your employment law rights and your legal options.
With the right legal support, employees can navigate the challenges of unfair practices and work towards a more equitable and respectful work environment.Â
You don't have to fight the battle alone. Speaking with an employment lawyer who is familiar with the laws and regulations regarding workplace harassment and disability discrimination, and constructive dismissal will go a long way. If you are in doubt, it's essential that you reach out for help as soon as possible right away.
Click here to contact HTW Law - Employment Lawyer for assistance and legal consultation.
Author Bio:
Amy Wilson is a freelance writer and content strategist with a passion for crafting engaging stories and insightful articles. With years of experience across industries, she specializes in creating compelling content that connects with readers. When she's not writing, Amy enjoys exploring new ideas, traveling, and diving into a good book.