Come Out, Come Out, Wherever You Are - Employer Return-to-Work Considerations in the Post COVID-19 Era (Part 2 of 4)
Part 2: Health & Safety Considerations
After a whirlwind tornado drops Dorothy’s house on the Wicked Witch of the East, Glinda invites all of the Munchkins to come out from where they have hidden to escape the unexpected hazard. As more COVID-19 restrictions are lifted, more people will be coming out from their self-isolation and remote working environments to return to work. Employers are, understandably, keen to return to operations as soon as possible to prevent the ongoing financial and operational impacts. It is extremely important for employers to establish return to work practices and protocols which address what steps are being taken to prevent employees contracting or being exposed to the COVID-19 virus in the workplace.
In Part 1 of our return to work blog series, we addressed issues for employers to consider in deciding who and when to return to the workplace. In this blog we will address best practices for employers in addressing the health and safety considerations related to the post-COVID-19 workplace to allow employers to comply with not only their statutory and legal requirements, but to preemptively address any hesitation their employees have about returning to the workplace at all. Again, we remind employers that an employer’s post-COVID-19 return to work plan will require flexibility and frequent adjustment as conditions change.
(i) Establishing policies and protocols to protect employees who return to the workplace.
Employers have the general duty under occupational health and safety legislation to take all reasonable precautions to provide a healthy and safe work environment for their employees. There is no such thing as the “100% risk free” workplace, but employers are responsible for considering best practices and common knowledge and understanding to implement preventative measures to ensure workers are not exposed to conditions which could be harmful to their health and safety. In the post-COVID-19 workplace, these precautions will be developed and implemented to comply with all continued government and public health guidelines.
Risk Assessments:
As part of any return to work plan employers should conduct a risk assessment of their workplace and the work that employees are asked to perform to determine any hazards and how they can be eliminated, or at least reasonably minimized. Post-COVID-19, health and safety considerations must include common touch points for employees in the workplace. Counters, desks, photocopiers, printers, kitchen or lunchroom spaces and appliances, etc., must all be reviewed, and written protocols developed and posted which include what cleaning will be conducted, who is responsible and how often the cleaning will take place. It’s a good idea for the employer in any environment (whether an office, production, or manufacturing facility) to conduct a walk-through of the workspace to identify any potential hazards. What contact surfaces, equipment and people will the employee encounter while they are at work and performing their regular duties? What surfaces are shared by employees? Door handles, light switches, elevator buttons and office supply closets should be identified and included in the risk assessment. This will allow the employer to identify and understand potential risks and questions or concerns that may be raised by employees.
A walkthrough of the workplace will also allow employers to assess their floor plans to determine what, if any, installations may be required for compliance with physical distancing requirements. While staggered start times and meal breaks will assist with restricting the number of people on-site at any time, physical installations may also be required. For example, floor markings may be installed to manage traffic flow and assist with physical distancing in the workplace. Plexiglass guards have been installed by most retail work environments as a protective barrier for cashiers and customer service representatives and may be appropriate for installation on workstations in office environments
As an added benefit, the walk=through will also assist the employer in identifying any equipment or tools which may no longer be necessary or can be eliminated to promote workplace efficiencies.
Cleaning & Sanitation Policies:
Having completed the necessary risk assessment, employers will be in the best position to develop the cleaning and sanitation plan for their workplace including all equipment and touch points. Employees will not only want to be told the workplace is being cleaned to appease any fears they may have, seeing the frequency of the cleaning and sanitation first-hand will provide increased levels of comfort and trust that their employer is taking all possible steps to ensure their health and safety in the workplace. For this reason, employers should consider what areas need the most frequent cleaning, how that will be carried out and by who.
Government Guidelines:
Employers should review and/or consult with public health and medical advisors, industry-specific guidelines and standards which have been introduced, and recommendations brought forward by work safety and insurance providers. The Ontario government has introduced a number of sector-specific guidelines as recommendations for employers in preparing and maintaining the workplace as they return to operations.
Response Action Plan:
To the extent an employer has not done so already, an action plan should be developed to respond to any case where an employee tests positive for the COVID-19 virus. This plan should be in writing and clearly communicated to all employees. At a minimum the plan will identify the employer’s expectations about who the employee should report a positive test result to, what information the employee will be required to provide, how the employer will maintain the confidentiality of the employee’s information, and what steps the employer will take in response such as cleaning protocols, contact tracing and notifying other employees. Where the virus was contracted in the workplace the plan will also include the appropriate steps to report the illness to WSIB.
(ii) What about personal protective equipment (PPE)?
Managing or minimizing workplace hazards can, in some cases, call for employees wearing PPE. Public health officials are recommending that everyone wear non-medical masks when out in public and unable to ensure proper physical distancing protocols. For that reason, the majority of people already own re-usable or disposable masks for travelling on public transit and/or running regular errands such as grocery shopping.
If the employer intends to encourage wearing of PPE (face masks/face shields and/or disposable gloves/other clothing coverings) in the workplace as part of its return to work plan, consideration must be given to who will be responsible for providing the PPE and what consequences will be imposed if PPE is not worn. Prior to mandating PPE in the workplace, however, the employer should conduct a health and safety risk assessment to determine whether such measures are necessary or whether non-invasive precautions such as regular hygiene and cleaning provide sufficient protection to manage the risk of transmitting the COVID-19 virus. Where PPE is required for an employee to perform their regular job duties an employer is responsible for ensuring that it is available and in good working condition.
If an employee is unable to wear mandated PPE as a result of a human-rights related ground (i.e., skin allergies or irritations or mental health considerations such as claustrophobia), the employer is required to accommodate the employee to the point of undue hardship. The employer should consider any request for accommodation on a case-by-case basis as it did pre-COVID-19, working with the employee and, where appropriate, their doctor in order to determine the appropriate and reasonable form of accommodation.
(iii) Postings in the Workplace
Essential businesses and those who continued some form or regular operations, or attendance will likely already have posted signs and reminders in the workplace about required hygiene measures (hand-washing, sneezing or coughing into your sleeve, etc.) and social distancing. Where employers have not done so, or if employers are re-opening a business that has been closed, it is recommended that employers post signs in locations easily and regularly seen by employees (including any locker rooms, lunchrooms and washrooms) about hygiene and physical distancing requirements and procedures. Employers should also make hand sanitizer available to employees where hand-washing is not readily available.
The Ontario government has introduced various sector-specific guidelines and postings available for employers at www.ontario.ca. While some of these posters are simply reiterations of existing OHSA and WSIB prevention measures, it is recommended that employers post these resources in the workplace where and as necessary.
(iv) Communications and Training
Communicating the employer’s new workplace protocols, practices and procedures to all employees will not only engage employees in the return to work process, but it will ensure they are aware of the environment they are returning to. With so much information available from so many sources, education and communication about what employees can expect and what employers expect in the post-COVID-19 workplace will go a long way to ensuring a successful return to work.
Employers should consider the post-COVID “welcome” back to work as a form or orientation for employees. Develop a “town hall” meeting for all employees while they are still at home or working remotely. In advance, employees should be provided with your “Welcome Back” package which includes all new policies for their review and a written acknowledgement of receipt and understanding. Where possible, appoint a main contact person to whom questions and concerns can be addressed. Preemptive communication to employees will not only assist in addressing any fears or anxiety employees may have about return to work, but also minimize work refusals by employees on the basis that the workplace is unsafe or present a risk of exposure to the virus.
Employers should provide training on the post-COVID-19 safety measures to ensure each employee’s roles and responsibilities for maintaining health and safety are understood. Where applicable, this may be carried out by a virtual meeting to walk everyone through the return to work plan ahead of their attendance. Training should also be conducted on the proper use of PPE including fit, cleaning, maintenance and disposal. Training reinforces that the new workplace practices are not just recommended but expected from all employees.
Finally, as always, all steps taken by the employer should be documented and records maintained of all communications and training provided to employees throughout the return to work process.
(v) Considerations for employees working alone
At Home:
Some employees have been self-isolating for a number of weeks without friends or family around. While they may have regular social contact in Zoom meetings or teleconferences, those who continue to work remotely will continue to miss the in-person social interaction with their teams and co-workers. Employers should consider what steps can be taken to keep these employees engaged and to address any related mental health issues they may experience from the ongoing isolation. Where EAP and counselling resources continue to be available to employees, employers should communicate not only the resources available, but how employees take advantage of such services. Employees should be encouraged to utilize available EAP resources or health benefits to address the emotional impact of the COVID-19 pandemic.
In the Office/Workplace:
As we return to the workplace, it may seem attractive for there to be only one employee in the workplace at certain times in order to optimize social distancing. However, it is generally recommended to avoid having only one employee in a workplace since working alone could pose a whole host of liability issues ( think – injury, emergencies, violence, theft etc.). However, if that is unavoidable, then employers need to consider the appropriate safety mechanisms to be put into place (i.e. require the employee to carry their cell phone at all times, leave security cameras on, etc.)
Mental Health:
Employers should also train managers and supervisors on how to identify and address mental-health issues related to COVID-19. Not all employees have been impacted in the same way and in some cases the heightened awareness of the virus and measures introduced in response from daily media press briefings and news reports has resulted in heightened sensitivity, stress, or anxiety. Employers may consider training on the importance of empathy and ensuring all employees are aware of the resources available.
As more workplaces reopen and progress to “normalize” operations employers will no doubt experience changes that will require adaptation and amendment to their health and safety policies and practices. Staying on top of government and public health announcements and working with your employees will ensure these challenges are met in the best and most reasonable ways available.
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Please stay tuned for Parts 3 and 4 of this series which will cover work refusals and policies and protocols.
By Cynthia Ingram & Patrizia Piccolo
