Is there any evidence of any assault or injury to staff involving a delayed response ever occurring as a result of a malfunctioning FPA?

The respondent contends that there was no evidence of any assault or injuries to staff involving a delayed response ever occurring as a result of a malfunctioning FPA at the institution or at any other institution. Since an appeals officer has previously held in Weagant v. Canada (Correctional Service), 2013 OHSTC 22, at paras 74 and 75 that, while the absence of past incidents does not rule out a future occurrence, it is “reasonable to take the record into account when considering whether the prospects for such incidents occurring in future are likely or unlikely”, the respondent is of the opinion that the fact that the appellant’s concerns had not materialized at the time of work refusal is a reasonable indication of the effectiveness of the measures in place.