As Labour Day approaches, unofficially signalling an end to the summer and, perhaps (subject to the Delta variant) a post-COVID-19 world, employers and employees are also considering how their future working arrangements will look. Many employers planning for a return to the office environment after eighteen months of remote work are seeking clarity on their legal obligation to ensure the health and safety of their workers and the workplace. Other employers that are permitting employees to continue remote or hybrid arrangements want to keep their employees integrated within their company operations while avoiding legal exposure.
In this article of our Post-COVID-19 workplace blog series, we recommend policies and safety measures employers should take to ensure a safe return to work and/or manage a hybrid workforce. While this article will briefly address vaccination policies, given this is the area where employers and employees appear to have the most questions, we will be concluding our series with a comprehensive article on vaccination policies and whether mandatory vaccination policies are permitted or recommended.
POLICIES TO ENSURE SAFE RETURN TO WORK AND/OR MANAGE HYBRID WORKFORCE
Whether having employees physically return to the workplace, continue work from home arrangements, or adopting a “hybrid” approach, there are several policies employers should consider implementing to ensure a safe, productive and well-managed COVID-19 workplace:
• Return to Office Policy. Addressing hygiene and screening measures, social distancing protocols, accommodation concerns, and capacity requirements.
• Remote Work Policy. Addressing provision of equipment, insurance requirements, interprovincial considerations (as outlined in our last blog post), responsibility for health and safety measures, check-in procedures, security and confidentiality considerations.
• Vaccine Policy. Addressing scope of application, privacy and confidentiality concerns, accommodation requirements, and whether mandatory or strongly recommended. We will be discussing the issue of vaccine policies further in our next blog post.
In addition to these policies, employers could consider providing or adopting the following health and safety measures and resources:
• COVID-19 Screening Measures. All workplace parties must be explicitly advised to stay at home if sick or experiencing COVID-19 symptoms. In addition, employers can avail themselves of governmentally supplied screening measures designed to avoid the spread of COVID-19 in the workplace. For example, the Toronto Region Board of Trade and the City of Toronto have provided businesses with 150 employees or fewer in Toronto with rapid screening kits for COVID-19. More information on these kits is available here.
• Establish Cleaning Protocols. Advise employees how, when and the frequency of workplace sanitation. Ensure reputable cleaning services are contracted by a third party or ensure that existing policies meet health and safety standards.
• Personal Protective Equipment. Provide employees with sufficient protective equipment (mask, gloves, disinfectant and soap/sanitizer). Install protective barriers within the workplace where appropriate.
• Temporary Modifications to Attendance. Consider staggering start and break times, rotating shifts, and capacity limits to avoid unnecessary congestion and minimize exposure in the event of an outbreak.
• Safe Hygiene. Establish protocols to ensure all employees, contractors, vendors, customers and visitors are following recommended hygiene measures and taking steps to limit the spread of COVID-19. This could include restricting non-essential visitors or encouraging remote meetings.
Given the ever-changing nature of the COVID-19 pandemic and public health protocols, employers should also ensure that any policies or health measures are reviewed on an ongoing basis to ensure compliance and avoid legal risk.
Written by Jeff Rochwerg and Cereise Ross
If you are an employer or employee with questions about returning to the post-COVID workplace, please contact a Turnpenney Milne lawyer.