As the federal, provincial and territorial governments in Canada slowly ease COVID-19 related measures, more workplaces are being permitted to reopen. Likewise, workplaces that have been permitted to remain open with limitations throughout the COVID-19 pandemic are being permitted to revert to business as usual.
Businesses preparing to reopen and invite workers and members of the public back to the workplace must remain conscious of their obligations to take the necessary measures to protect the health and ensure the safety and physical well-being of workers. In the best of times, those health and safety obligations can be difficult to manage. Due to COVID-19, employers must be even more attentive and mindful of their obligations.
The following “Five Steps to Reopening the Workplace” provide employers with the necessary tools to assist them in preparing to reopen and tackle the various health and safety issues related to COVID-19:
Step One: Review applicable government, health authority, and industry guidance
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Determine whether the workplace can legally re-open, and what restrictions must be put in place to do so. Many provinces continue to have emergency orders in place to limit the permitted business activities undertaken by employers and to require certain workplaces to remain closed. Those emergency orders continue to be extended regularly. Some provinces, such as British Columbia, have implemented additional requirements for businesses to develop a COVID-19 Safety Plan that outlines the policies, guidelines, and procedures that have been put in place to reduce the risk of COVID-19 transmission. Other provinces, such as Ontario, have mandated workplaces that are permitted to open to follow the recommendations of public health officials. Health authorities continue to publish information to assist employers and workers to minimize risks of COVID-19 transmission. Industry associations have also released guidance documents to assist employers in identifying and controlling industry-specific hazards.
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Consider whether vendors, landlords, owners, constructors, etc. have implemented additional measures, particularly in workplaces that are managed by a third party, such as office towers, shopping malls, commercial plazas, and construction sites.
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Step Two: Assess hazards in the workplace
Step Three: Develop and implement measures to control hazards
Step Four: Communicate with workers, customers, and visitors
With the possibility of coming back to the workplace, workers may express health and safety concerns. Customers and visitors will also likely have apprehensions about their health and safety when entering a workplace. Effective communication can help ensure workers, customers, and visitors feels safe and are informed with respect to the policies they must follow.
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Based on the findings of the assessment and the hazard control measures that have been implemented, create a policy for workers to describe and ensure the consistent application of new safety protocols. Provide workers with training on that policy where practicable.
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Inform workers, customers, visitors, and others about re-opening timelines, potential service delays, and emergency contacts.
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Post signage at entrances, exits and other conspicuous places through the workplace to remind workers, customers, and visitors about the hazard control measures in place.
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Again, consider any special circumstances of which the employer is aware that may trigger further legal obligations. For example, employees with child care or elder care obligations may have difficulty returning to work because schools remain closed and other care services may not be available, in which case the employer may have a duty to accommodate the employee’s circumstances on the basis of family status pursuant to applicable human rights legislation.
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Appoint one person, or a small group of people, to answer questions and address concerns, and direct all questions to that person or small group of people. Make sure that the person or small group of people that have been appointed are prepared to address work refusals and requests for accommodation.
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After Step Four is completed, the employer may decide to re-open the workplace, keeping in mind the previous steps taken.
Step Five: Continue to monitor
Governments are continuing to modify legal obligations and guidance in response to new information. Medical health experts around the world are cautioning that COVID-19 will continue to be an issue for many months to come. Employers must continue to monitor their health and safety policies, procedures, and practices to ensure the continued health and safety of workers, customers and visitors.
The Five Steps set out above provide employers with a useful starting place in the planning process for re-opening the workplace and returning employees to work. Depending upon the nature of the employer’s business, additional steps may be necessary. For further information, please consult our Coronavirus Resource Centre or contact any member of our DLA Piper Canadian Employment and Labour Law Service Group, who will ensure that you are acting upon the most up-to-date information
This article provides only general information about legal issues and developments, and is not intended to provide specific legal advice. Please see our disclaimer for more details.