Canadian Safety Reporter - sample

6 Canadian HR Reporter, a Thomson Reuters business 2019 May 2019 | News Depressed, suicidal police constable a safety concern for colleagues OPP followed long process to accommodate constable's mental health issues but didn't account for health and safety issues for others BY JEFFREY R. SMITH THE ONTARIO PROVINCIAL Police (OPP) failed to meet its obligations for ensuring a safe workplace and to accommodate disability in its attempts to inte- grate a constable suffering from depression and suicidal thoughts back into the workplace. In late 2011, a constable with the Ontario Provincial Police (OPP) highway safety division in Barrie, Ont., developed men- tal health issues following the breakup of her marriage. The constable — referred to as X in the arbitration decision — had joined the OPP in January 1995. She had a strong performance record, particularly in traffic enforcement that was her fo- cus. She was a trained intoxi- lyzer technician, adept at taking breath samples from impaired drivers. However, her mental health issues worsened — caus- ing her to become confronta- tional with co-workers and to develop inappropriate feelings towards her supervisor. Constable X began crying at work, felt targeted, depressed, and angry, and that everyone had turned against her. She went on light duties in January 2012 due to knee problems, but her de- pression worsened and she be- gan having suicidal thoughts. In February her doctor thought she might be suffering from major depressive disorder and provid- ed a note saying she should be off work for one month. Shortly af- ter, she attempted suicide by tak- ing sleeping pills and attaching a hose to her car. She survived the attempt and was approved to re- turn to work in April by her doc- tor. An independent medical ex- amination (IME) — required by the OPP — indicated she wasn't ready to return to work. X attempted suicide a sec- ond time in November 2012. The attempt was unsuccessful again, but she continued to ex- perience depression and suicidal thoughts. She received various treatments, including at a resi- dential health centre, but she tried to kill herself near the end of her stay there. Long road for return to work The OPP received a note from X's doctor in June 2014 saying her mood had stabilized and she could return to work on a graduated basis, but she was soon taken to hospital for sui- cidal thoughts. The OPP con- tacted the doctor with questions to help determine X's ability to work, outlining concerns about the safety of other officers, co- workers, and members of the public. The doctor replied that X had "made good choices to avoid suicide attempt" and could re- turn to work with part-time ad- ministrative work to start. More back-and-forth com- munication continued, as the OPP remained concerned about the safety of X coming back to work, particularly since she con- tinued to suffer from depression. By February 2014, X's doctor said she had been stable without sui- cidal thoughts for four months and was able to return to work on a gradual basis. However, the OPP required an IME before planning her return to work. The IME was conducted in April 2014 and the examiner concluded that X had "major depressive disorder, recurrent, in remission" and "evidences characteristics of borderline personality disorder." However, he felt X could return to work gradually but not front-line du- ties at first, with no concerns over carrying a firearm or a risk to the safety of others, as long as she took the proper medications and received regular psychiatric follow-up. X returned to work on July 14, 2014, performing adminis- trative duties on day shifts only. She moved to full-time hours on Sept. 4 and was scheduled to participate in "block" training in January 2015, as was necessary to return to her duties as a front- line constable. In the fall of 2014, X experi- enced mental health crisis and suicidal thoughts returned. However, she proceeded with the training in January. During the block training, she had some difficulties with a panic attack and fits of crying, but she was approved for use- of-force options and returned to work as a constable in Barrie. Colleagues nervous and stressed Within a short time, however, X began feeling that the other team members disliked her and were backstabbing her. The other con- stables who worked with her be- gan feeling uneasy and stressed, with one feeling like he "had to walk on egg shells" around her be "on guard" so she wouldn't misconstrue his actions. The colleague began wearing body armour and his gun at all times in the office and felt the office be- came "toxic." In February 2015, X posted an article about toxic law enforce- ment bosses on Facebook with a photo of her former sergeant. This concerned her colleagues, as they took this to mean her prior issues hadn't been resolved and she still held resentment. On March 21, 2015, X re- sponded to an erratic driving complaint. X completed the standard field sobriety test and arrested the driver for impaired driving, though another officer on the scene and witnesses didn't detect signs of alcohol or impair- ment. At the station, another constable didn't detect any evi- dence of impairment and wasn't comfortable doing a breath test, but X became "visibly upset." This led to X shouting at the con- stable and her sergeant. Eventu- ally, the individual was released without charges. The constable filed a com- plaint against X with the OPP professional standards bureau about X's behaviour and X also filed a complaint against the constable about "unprofessional and discreditable conduct to- wards a co-worker by interfering with an investigation." The professional standards bureau exonerated the constable but found X was neglectful in her duty for failing to properly investigate an impaired driving incident and to follow proper procedures. No safety > pg. 8

• Cover