Employees in Ontario entering a workplace must undergo health screening‎

In response to the rapidly rising cases of COVID-19, the Government of Ontario amended O. Reg 364/20: Rules for Areas in Stage 3 under the Reopening Ontario (A Flexible Response to COVID-19) Act, 2020. This amendment is significant because, as of September 26, 2020, workplaces in Stage 3 in Ontario are now required to screen employees on a daily basis for COVID-19-related symptoms and risk factors prior to permitting entry into the work environment.

Reg. 364/20 requires businesses and organizations that are in at least Stage 3 of reopening to comply with any advice, recommendations, and instructions issued by the Office of the Chief Medical Officer of Health on screening for COVID-19.

This is of particular note because on September 25, 2020, the Ministry of Health also published its COVID-19 Screening Tool for Workplaces (Business and Organizations). The Tool, read in conjunction with the amendments to O. Reg 364/20, means that, as of September 26, 2020, workplaces in Stage 3 in Ontario must pro-actively screen employees for COVID-19-related symptoms and risk factors before the employee enters the workplace on a daily basis. 

The Tool provides screening questions for any worker or essential visitor entering the work environment. The Tool does not apply to patrons of a workplace, essential workers who travel outside of Canada for work, or emergency services or other first responders who may enter a workplace for emergency purposes.

At a minimum, the questions listed below should be used to screen individuals for COVID-19 prior to being permitted entry into the workplace. Employers may also adapt the screening based on need and the specific setting.

1. Do you have any of the following new or worsening symptoms or signs? Symptoms should not be chronic or related to other known causes or conditions.
   • Fever or chills
   • Difficulty breathing or shortness of breath
   • Cough
   • Sore throat, trouble swallowing
   • Runny nose/stuffy nose or nasal congestion
   • Decrease or loss of smell or taste
   • Nausea, vomiting, diarrhea, abdominal pain
   • Not feeling well, extreme tiredness, sore muscles
2. Have you travelled outside of Canada in the past 14 days?


3. Have you had close contact with a confirmed or probable case of COVID-19?

If the individual answers YES to any of these questions, they should be advised that they may not enter the workplace (including any outdoor, or partially outdoor, workplaces). They should go home to self-isolate immediately and contact their health care provider or Telehealth Ontario (1 866-797-0000) to find out if they need a COVID-19 test.

The COVID-19 situation is rapidly evolving with new measures being adopted or modified at both the federal and provincial level. 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.