Should employers handle health and safety concerns from employees differently than before as we move toward returning to workplaces after the pandemic?
Question: Should employers handle health and safety concerns from employees differently than before as we move toward returning to workplaces after the pandemic?
Answer: Under occupational health and safety legislation, employers have a general duty to maintain a safe workplace. This duty applies to the unique risks and challenges associated with COVID-19. As a result, employers may be required to handle health and safety concerns differently than they did prior to COVID-19.
There may be concerns raised by employees regarding personal protective equipment (PPE). Businesses resuming operations may have an obligation to provide PPE as part of their workplace occupational health and safety (OHS) obligations, depending on the nature of the business and the services provided. PPE is more likely to be required in situations where it is not possible to maintain physical distancing. Employers should also implement non-PPE measures to control transmission of COVID-19 wherever possible, such as physical distancing and cleaning and disinfecting.
Employers may also need to accommodate employees with underlying health conditions who would not have needed accommodation prior to the risks associated with COVID-19. This may mean increased levels of PPE, working from home if possible or other means to physically distance employees.
Due to the risk of an outbreak in the workplace, workers must self-monitor for symptoms and use the online self-assessment tool if they have any symptoms associated with COVID-19. Businesses should have a workplace illness policy and, as part of the policy, sick employees should be required to stay home or be sent home from work. Employers should have plans in place for increased worker absences and may have to tolerate increased absenteeism.
Employees also have the general right to refuse unsafe work. Employers will have to take into account the additional hazards and protections associated with the threat of COVID-19 as they move to bring their workforces back to the workplace.
Leah Schatz is a partner with MLT Aikins LLP in Saskatoon. She can be reached at (306) 975-7144 or [email protected].
