Tuesday, November 21, 2023

Recordings of Long Term Care Inspections

If you work in long term care, you may have noticed that the Ministry of Health and Long-Term Care has been implementing some new practices in conducting investigations

By Mira Ponomarenko, Ontario Healthcare Coordinator

Inspections are not new, and over the years many members have spoken with inspectors. Investigators may reach out to workers in person or by phone, and occasionally record the interviews.

Inspections are an important tool to keep long term care (LTC) employers accountable. The recording of interviews is new, and not all inspectors do it. Here are some of the frequent questions we have received about the practice.

Can I be disciplined for what I say to the inspector?

The goal of ministry inspections is to ensure that the employer is complying with the obligations. The ministry does have enforcement authority, but only against the employer. Inspectors cannot issue discipline or penalize workers directly.

Is it legal for the inspector to record our conversation?

Yes. The Fixing Long-Term Care Act, 2021 specifically grants inspectors the power to “photograph, film, or make any other kind of recording, but only in a manner that does not intercept any private communications and that is in keeping with reasonable expectations of privacy.” Your consent for the recording is not required. But that does not mean that you can be recorded having a private conversation with coworker or speaking on the phone to your spouse while on break.

Can I be disciplined if I don’t want to speak with the inspector or be recorded?

Yes. The inspector cannot discipline you, but the employer can. The Fixing Long-Term Care Act law requires everyone to provide “all reasonable assistance” in the inspections and specifically prohibits anybody from hindering, obstructing, or interfering with an inspection. The employer could be charged with an offence, which could translate into discipline if the worker fails to follow the direction to cooperate with the inspection.

What happens if I get in trouble for something related to the inspection?

If the employer decides to discipline a worker for issues that came to light by a ministry investigation, that can be addressed through the grievance procedure like any other discipline. Regardless of how it comes to be, workplace discipline is subject to the relevant provisions of your collective agreement, and CLAC will represent you as we would in any other situation.

What do I do if I am uncomfortable?

If you believe you have reason to be concerned about speaking with an inspector, contact your steward or representative. Together, you sort out the best way forward so you can meet your legal obligations within reasonable limits and without making yourself vulnerable. And, if necessary, they will provide representation to make sure that your workplace rights are safeguarded.

Recordings of Long Term Care Inspections

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