Worker Forced To Work Injured, Abused By Management; Union Steps In To Protect Member’s Rights

Recently a Local 1518 Cashier severely sprained her knee as she was lifting and twisting to place bagged items into a grocery cart.

The member immediately reported the injury to management, and it was at this point that the incident was mishandled by different levels of company management, and serious  violations of the member’s rights began to occur.

The Cashier asked the employer’s permission to go to the medical clinic nearby for treatment. While waiting her turn at the clinic, her assistant manager came into the clinic and berated the injured worker in the waiting room, demanding that she return to work.

Her assistant manager forced her back to the store to work in a checkstand, despite the fact the member was in considerable pain, and could not perform her cashier duties. She was immediately assisted by co-workers into a wheelchair and returned to the clinic (where her treatment had been delayed a further 20 minutes due to the assistant manager’s interruption).

The member was subsequently seen by the doctor and told she had suffered a traumatic knee injury and should stay off work until she could be further assessed and treated by her family physician.

The injured Cashier was assisted to return to the workplace to fill out the appropriate paperwork for injured workers. The in-store first aid attendant was asked to attend to the Cashier, and the two members filled out a description of the injury on the injury report form after which the injured Cashier signed off on it.

However, a senior company Safety Coordinator later altered this report and indicated  the member also suffers from a pre-existing condition. The senior manager changed the report, without appropriate discussion, authorization or clarification from the injured member. Upon learning of the employers action the member was appalled when she saw that her signed-off report had been improperly altered by management. This manager violated our members privacy and the Workers Compensation Act.

The member had previously informed the store that she had an unrelated medical  condition, she had also informed the company that the clinic doctor who had examined her injury had told her the medical condition was unrelated to her acute sprain of that day.

A day later, the member was called at home by the assistant manager, and told she was to come in to work to undertake alternate duties. Moreover, the assistant manager claimed the employer had contacted her doctor who had agreed to her return to work. In fact, the employer had not contacted the members doctor, nor had the doctor agreed to her return to work!

Unknown to the member, and without her authorization, it was discovered that the employer had faxed a request for medical information and clearance for her to return to modified duties –  not to her own physician, but to the emergency clinic which had first treated the injured member.

Soliciting such information without the prior consent of the member is a violation of the Personal Information Protection Act .

(The union has subsequently contacted the clinic in question and noted to the physician that disclosure of medical opinions regarding a patient’s health without that patient’s consent is highly improper.)

The member was justifiably upset and angry at the employer’s second improper attempt to return her to work while injured. 

The union contacted Worksafe BC to investigate the situation, and also raised this issue with senior company management, who have indicated they will be taking action to address the serious violations that occurred.

Worksafe BC’s report issued 3 orders against the assistant manager for his grossly  improper behaviour. Worksafe BC also ordered senior company management to ensure that its supervisors and managers understand health and safety regulations, and the responsibility that supervisors and managers have to obey and follow those laws.

The actions by this company’s management were among the worst violations of a worker’s rights that the union has seen.  Your union cited this company with multiple violations of the Workers Compensation Act, the BC H&S Regulations, and the Protection  of Privacy  Act. This compelled Worksafe BC to follow up and to order compliance by this manager and the company as a whole.

ALL LOCAL 1518 MEMBERS MUST REMEMBER THAT THEY HAVE FUNDAMENTAL RIGHTS TO A HEALTHY AND SAFE WORKPLACE . They must not be intimidated by ignorant management personnel, who may seek to violate their right to report injuries or hazards to the union and to Worksafe BC. All workers have a right to seek medical attention by their own physician, and no one can persuade them otherwise. All members need to be aware of these basic rights under the law.

REPORT ALL VIOLATIONS OF THESE RIGHTS IMMEDIATELY TO YOUR UNION REPRESENTATIVE.