On January 7, 2021, Ontario’s Office of the Chief Medical Officer of Health (“CMOH”) released an updated version of its COVID-19 Screening Tool for Businesses and Organizations for screening employees and other workers (“Screening Tool for Workers”), along with a new version of the tool for screening customers and patrons (“Screening Tool for Patrons”).
As has been the case since late September 2020 (see our previous blog), most Ontario employers are required to screen workers for COVID-19 before they enter the workplace using the Screening Tool for Workers, pursuant to regulations under the Reopening Ontario (A Flexible Response to COVID-19) Act, 2020. On the other hand, employers are not required to screen customers before they enter their business or organization with the Screening Tool for Patrons, although doing so is considered a best practice. The questions in both screening tools may be adapted to meet the communication needs of people with learning, developmental or cognitive disabilities.
Notably, the Screening Tool for Workers does not apply to health care settings (including long-term care homes) and some non-health care workplaces (for example, retirement homes, other congregate living settings, schools, and child care settings) where other screening requirements and tools are already in place. Screening is also not required for emergency services or other first responders entering a workplace for emergency purposes.
It is important to note that the updated Screening Tool for Workers has clarified that employers must ensure that they collect and review workers’ screening results. Moreover, both screening tools provide that employers should keep records of screening results, which must comply with any applicable retention and privacy requirements and may be requested by the local public health unit to support case and contact tracing in the event of an outbreak.
Affected employers that have not done so already should ensure that they implement the updated version of the Screening Tool for Workers and follow the accompanying procedures set out in it. Moreover, employers should consider implementing the Screening Tool for Patrons even though doing so is optional. Taking this proactive step will not only help protect the health and safety of workers and customers by reducing the likelihood of infected individuals entering the workplace, it may also make workers and customers feel more comfortable attending the workplace.
As always, we will monitor the progression of COVID-19 related measures affecting employers and post further updates as they become available to keep you In the Know.
This blog is provided as an information service and summary of workplace legal issues.
This information is not intended as legal advice.