Injured Halifax school worker says employer is blocking his return despite medical clearance
Martin Boutilier, a Halifax Regional Centre for Education employee who suffered permanent nerve damage in 2023, says the school board is denying his proposed accommodations for a gradual return to work. An arbitration hearing is scheduled for February.
Martin Boutilier was hired by the Halifax Regional Centre for Education (HRCE) as a permanent educational program assistant (EPA) in 2021. In April 2023, he was injured while trying to help a student off a swing set and into a wheelchair, resulting in a twisted back. He was subsequently diagnosed with a herniated disc and underwent surgery to remove part of the disc pressing on a nerve. The procedure left him with chronic pain, numbness, mobility issues, and permanent nerve damage.
An occupational therapist determined that Boutilier could complete a six-hour shift if accommodated, recommending measures such as avoiding repetitive squatting, bending, heavy lifting, and climbing stairs. Boutilier proposed a shorter workday or a full day with accommodations like pairing with less physically demanding students or placement in a school with fewer stairs. HRCE denied these requests, citing undue hardship.
Boutilier claims he was often left to work alone despite policy requiring two EPAs outdoors, whereas HRCE states it allocates resources based on student needs. His medical benefits were recently cut off, and he has expressed feeling alienated, dehumanized, and frustrated by his inability to return to work.
HRCE spokesperson Lindsey Bunin stated that accommodation decisions are made individually considering medical information, functional abilities, job requirements, and workplace circumstances. Bunin also stated that all EPAs receive instruction in behaviour support, safety, and de-escalation. Boutilier and union representatives argue the training is insufficient, consisting mostly of online modules.
Shelley McNeil, president of CUPE Local 5047, which represents over 2,800 HRCE employees, noted that many members are injured at work due to aggressive student behavior. She cited inadequate training and staffing shortages as contributing factors, adding that the union reports a significant number of workers' compensation claims among members due to workplace injuries.
The Labour Department confirmed that the province recently partnered with HRCE on 10 school inspections to strengthen violence prevention and workplace safety. These inspections aim to identify gaps in occupational health and safety compliance.
Boutilier has an arbitration date set for February to discuss his return-to-work plan, wages, medical benefits, and pension.