Workplace violence case against Royal Ottawa dismissed

An Ontario judge has thrown out acaseagainst the Royal Ottawa Mental Health Centre that alleged the hospital didn't do enough to protect three of its workers who were seriouslyinjured by a schizophrenic patient four years ago.

In July 2012 the Royalwas charged underOntario's OccupationalHealth and Safety Act after the workers were hurt on a violent Code White call.

One workerwas knocked unconscious when they were thrown against a steel door frame andanother was choked, the court heard.

The court case didn't focus on the injuries, but whether or not the hospital did enough to protect workers from situations like this.

The three workers two nurses and a personal care workerallege the hospital hadn't developed proper policies, didn't train them enough and didn't have a good enough way for workers to call for help.

If the hospital had lost all three charges it would have been on the hook for close to $1.5 million.

Crown prosecutor Grainne McGrathsaid despite the loss, she's glad the case shone a light on work place safety.

"It was a long and difficult case. The decision was also lengthy and difficult...I respect the decision of the court," she said outside of court Friday.

"I think it has brought more awareness to the issues of workplace violence and the need for employers to protect workers, particularly nurses. I think that is a good message."

Nurses' association hoping for appeal

The Ontario Nurses' Association released an impassioned response to the "mystifying"ruling, writing that it's"truly appalled."

"We simply cannot tolerate workplace violence in health care any longer. We had hoped that Ontario's justice system would help impress the need for Royal Ottawa Health Care Group to step up to the plate and invest in the safety of its staff. But today, justice continues to elude our members," wrote ONA vice-presidentVicki McKenna in release.

She added that she hopes the Ontario Ministry of Labour will consider appealing Friday's decision.

The Royal case was one of the first legal tests of Lori's Law, an amendment to the safety act named after Lori Dupont,who was stabbed by her ex-boyfriend at the hospital where they both worked.

Under the new law, employersmust do a risk assessment to determine whether problems exist at their company.

They alsomust make sure a workplace violence policy is posted for employees and that workers are trained in the details of that policy.

The Royal issues statement

The Royal said in a statement it is "very pleased the court found that reasonable precautions, policies, procedures and training were in place at the time of this incident."

The statement went on to say: "The safety of our staff is of utmost importance to us at The Royal and it is truly unfortunate that some employees were injured. We work continuously to promote safety for staff while respecting the rights and dignity of our patients.

Our clients people who are suffering from severe and complex mental illness and addictions are a vulnerable population and they come to us often in very difficult circumstances. Our goal is always to maintain a safe environment for our staff and a therapeutic environment for our clients."