Ontario has announced several new campaigns and plans to slow the spread of COVID-19 as part of its fall preparedness plan, in anticipation of a second wave.
Labour Inspector Recruitment Campaign
On Wednesday, September 23, 2020, Ontario announced its plans to recruit 98 new labour inspectors—an increase of nearly 25% to the existing workforce—to help ensure that workplaces are “doing their part to prevent the spread of COVID-19”.
The inspectors will check and enforce that workplaces are following occupational health and safety legislation, and will have broad powers to:
- inspect any workplace and ensure they have COVID-19 protections in place;
- investigate any potentially hazardous situation, critical injury, fatality and work refusal;
- order compliance with the legislation;
- stop unsafe work from being performed; and
- recommend and initiate prosecutions.
Employers should ensure that they are documenting, widely circulating, and implementing proactive health and safety policies to meet their obligations under the Occupational Health and Safety Act generally, and specifically in the event of an inspection.
School Stay Home Requirements
Employers have experienced large increases in requests for accommodation with regard to family or childcare obligations. Ontario’s education minister has said that he is considering shortening the list of COVID-19 symptoms that require children to stay home from school. This may have the effect of potentially decreasing labour disruptions caused by employees having to unexpectedly stay home while their child is being tested or under mandatory quarantine.
Flu Immunization Campaign and Expanded COVID-19 Testing
With months of colder weather approaching, there is significant potential for a rise in both COVID-19 and flu cases. To avoid a possible “twindemic”, Ontario announced plans to implement an expansive flu immunization campaign—the largest in the province’s history. The campaign will involve 5.1 million flu vaccines and the launch of a public education campaign to encourage residents to get the flu shot.
The province also announced that it will soon expand the availability of COVID-19 testing to include pharmacies. Beginning on Friday, September 25, 2020, Ontario will roll out in-pharmacy testing until up to 60 pharmacies in Ontario begin offering testing by appointment. In addition, three assessment centres (at the Women’s College, Mount Sinai and University Health Network―Toronto Western hospitals) will begin offering saliva testing. The expanded testing capacity will be a relief to employers and employees operating in more remote areas.
Employers committed to providing a safe work environment may feel compelled to suggest that employees receive flu shots or undergo testing; however, employers should refrain from making these procedures a requirement of employment. Subject to limited exceptions, employers generally cannot require workers to undergo medical testing or procedures.
Employers would be well advised to keep updated on public health orders and guidelines given the variety of measures that the government has announced to address increased numbers of COVID-19 cases in the last weeks. As always, we will continue monitoring the situation and keep apprised of any developments.
This blog is provided as an information service and summary of workplace legal issues.
This information is not intended as legal advice.