COVID-19 Return-to-Work Checklist from a = Canadian=20 Employment Law Perspective
DOWNLOAD PDF =- Kay,=20 Eric Hulton,= =20 Wendy G. Bergeron=20 Lucha, Tracy Shapiro= , Mark=20 S. =20 =20
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Industry Alerts =
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- Toronto=20
As workplaces across Canada begin to reopen in the midst of the = COVID-19=20 pandemic, there are a number of considerations for employers and=20 employees. Regard must be had to compliance with = federal and=20 provincial occupational safety and health legislation = (=E2=80=9COSHA=E2=80=9D)=20 and return to work guidelines.
Generally, employers have a duty to take every precaution reasonable = in the=20 circumstances for the protection of workers. Specifically, during the = COVID-19=20 pandemic, that will mean employers need to consider providing additional = personal protective equipment (=E2=80=9CPPE=E2=80=9D) = and training in how to=20 use PPE and to take other steps to prevent the spread of COVID-19 in the = workplace.
The federal government and each province have issued or will be = issuing=20 return-to-work guidance that is both of general application and = applicable to=20 specific industries or sectors of the economy. Ontario=E2=80=99s = guidelines can be found=20 here.
Beyond the legislation and guidelines, here is a checklist of issues = that=20 employers should be considering to develop a plan for return to work = specific to=20 their business.
1. Stay Informed
=C2=A8Continue=20 to monitor the Centers for Disease Control, World Health Organization, = and OSHA=20 websites for insight relating to COVID-19 issues in the workplace.
=C2=A8Keep=20 up to date with federal and provincial government requirements for=20 reopening.
=C2=A8Continue to monitor =
COVID-19 plans in=20
the community in which your workplace is located.Local plans may have a=20
significant impact on workplace operations.
=C2=A8Continue to stay informed = about school=20 and public transportation disruptions, which may impact the = workforce.
2. Create and Implement a Response and=20 Communication Plan
=C2=A8Identify a team of = individuals and a=20 point of contact for the response plan.Be sure to involve key = decision-makers,=20 managers, and health and safety members where necessary.
=C2=A8Ensure = flexibility=E2=80=94be ready to modify or=20 amend workplace practices as needed.
=C2=A8Where necessary, = prioritize customers,=20 identify alternative suppliers, and determine whether it may be = appropriate to=20 reduce operations.
=C2=A8Prepare a plan of = communication to=20 employees that addresses:
- Teleworking policies and staggered schedules, which can contribute = to=20 physical distancing and reduce the likelihood of your whole workforce = being=20 exposed
- Availability of statutory leaves under employment standards = legislation=20 and employer vacation, sick leave and other leaves.
- Employee anxiety and misinformation.
- Who employees should contact for further information.
3. Create and Implement a Safety Plan
=C2=A8Consider where, when, and = how employees=20 may be exposed (such as from the public or other co-workers).
=C2=A8Consider = employees=E2=80=99 individual risk=20 factors.
=C2=A8Follow governmental = legislation,=20 regulations, and guidelines.
=C2=A8Consider limitations on = non-essential=20 travel.
=C2=A8Communicate basic = prevention measures,=20 consistent with governmental guidelines:
- Promote hand hygiene=E2=80=94frequent handwashing for all = employees, visitors, and=20 customers.
- Provide soap and water (or hand sanitizer with at least 60% = alcohol) where=20 possible.
- Encourage respiratory etiquette, including covering coughs and=20 sneezes.
- Provide tissues and trash bins.
- Social distancing in the workplace.
=C2=A8Consider employee = screening, including=20 temperature checks and symptom questionnaires. See below relative to=20 confidentiality.
=C2=A8Develop policies for = identification and=20 isolation of sick or exposed employees.
=C2=A8Encourage employees to = self-monitor for=20 signs and symptoms of COVID-19.
=C2=A8Ask=20 employees who have been exposed to COVID-19 or traveled to a high-risk = location=20 to work from home for an incubation period of 14 days.
=C2=A8Develop clear policies = for reporting to=20 human resources or management when an employee becomes sick or begins=20 experiencing symptoms and for reporting policy violations.
=C2=A8Implement engineering = controls such as=20 high-efficiency air filters or sneeze guards where appropriate.
=C2=A8Ensure the use of = personal protective=20 equipment where appropriate, including face masks, respiratory = protection,=20 goggles, gloves, and face shields, as well as a cleaning strategy for = workplace=20 sanitation.
=C2=A8Considering ensuring that = the plan has=20 general applicability to cover other infectious diseases, including a = plan for=20 management of future pandemics.
=C2=A8Consider issues and = measures for=20 responding in shared building, office, or workplace environments.
=C2=A8Follow existing OSHA = standards, public=20 health, privacy, and human rights requirements.
4. Consider Leave Options
=C2=A8Review existing policies = to ensure=20 consistency with federal, provincial, and local law, as applicable to = your=20 workplace.
=C2=A8Track employees=E2=80=99 = use of leave, reason=20 for leave, and duration.
=C2=A8Ensure that individuals = on leave return=20 to their prior positions.
=C2=A8To=20 avoid layoffs, consider applying under the various federal wage = assistance=20 programs or adopting shared work programs.
5. Consider Confidentiality
=C2=A8Be=20 mindful of the privacy and confidentiality obligations regarding = employee health=20 information.
=C2=A8Require employees = infected with COVID-19=20 to identify all individuals who have worked in close proximity.
- Inform other employees of any possible exposure, but keep the = identity=20 of infected employees confidential.
=C2=A8Consider non-invasive = screenings for=20 employees, including body temperature checks and symptom questionnaires = when=20 entering the workplace, and keep up to date with other options for=20 testing/screening and applicable law.Remain cognizant of statutory = guidelines=20 relative to confidentiality:
- (1) Results must be kept separate from personnel file.
- (2) Maintain confidentiality of temperature results.
- (3) You may disclose the name of an employee that has tested = positive for=20 COVID-19 to a public health agency.
6. Consider Workers=E2=80=99 Compensation Issues
=C2=A8Remain abreast of = developments=20 applicable to the jurisdiction of the business.
=C2=A8Consider the nature of = employment=20 relative to a confirmed case of COVID-19 for e.g.:
- Evidence of source for contracting the disease during the course = of=20 employment.
- Work that presented the employee with an increased risk of = contracting=20 COVID-19.
- Factors that suggest employment activities sufficiently establish = a=20 significant opportunity for contact.
=C2=A8Consider how the = statutory time limit=20 for filing a claim or objecting to a decision has been impacted by = emergency=20 declarations.
=C2=A8Monitor applicable = statute and board=20 publications for possible inclusion of COVID-19 as an occupational = disease for=20 industry-specific workers.
7. Remain Cognizant of Human Rights Issues and=20 Anti-Discrimination/Anti-Harassment Policies
=C2=A8Remind employees that = discrimination or=20 harassment on the basis of any protected class under applicable federal = and=20 provincial human rights legislation is prohibited.
=C2=A8Consider redistributing=20 anti-discrimination and anti-harassment policies.
=C2=A8Consider training for = management and=20 supervisory staff relative to responding to comments about COVID-19 and=20 employees who may have been affected.
Please Note: These materials do not constitute legal or medical = advice.=20 Government initiatives, announcements, and regulations in response to = the=20 COVID-19 situation continue to evolve and change=20 frequently.
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