On March 2, 2021, the Medical Officer of Health for the City of Toronto issued a class order (“the Order”), pursuant to section 22 of the Health Protection and Promotion Act.
The purpose of the Order is to reinforce the importance of COVID-19 protocols and to outline important requirements for workplaces in Toronto (with some exceptions) experiencing an active outbreak of COVID-19. Specifically, owners or operators of businesses with an active COVID-19 outbreak are required to follow and implement a number of enhanced COVID-19 protocols in the workplace.
Employers should review the Order in full, however the enhanced protocols include:
Complying with all requirements that apply to the workplace as set out in the Occupational Health and Safety Act and the Reopening Ontario (A Flexible Response to COVID-19) Act, 2020.
Following all instructions given by Toronto Public Health that relate to COVID-19 and the active COVID-19 outbreak.
Complying with additional protocols and instructions relating to social-distancing, mask wearing, signage, screening, record keeping.
Following all instructions from Toronto Public Health, including infection prevention and control personnel.
Failure to follow the enhanced protocols set out in the Order could result in a fine of up to $5,000 for individuals and up to $25,000 for corporations. The Order further clarifies that such fines can be distributed for every day or part of each day on which an offence occurs or continues to occur. Alternatively, individuals and corporations can also be issued tickets in the amount of $750.00 for a failure to comply.
As noted above, employers should review the requirements under the Order to be prepared if an outbreak occurs in the workplace.
Employers outside of Toronto should also note that other municipalities have issued similar orders involving the protocols above. For example, York Region, Durham Region and Peel Region have issued or amended their section 22 Class Orders along similar lines as Toronto.
Ontario Employers: Updates to the COVID-19 Screening Requirements
As has been the case for the duration of the pandemic, municipal, and provincial requirements are constantly changing.
Ontario has recently amended its COVID-19 screening tool. As a reminder, this screening tool contains questions which should, at a minimum, be used for COVID-19 screening for all individuals before they are permitted entry into the workplace.
The screening tool must be completed by all employees, students, contractors, volunteers and essential visitors to the workplace before they are permitted entry into the establishment. This is to be done each day that the employees attend for work.
Employers: Stay updated
Employers should be prudent in staying up to date on such requirements and keep the and the top of mind.
Resources to be aware of include:
This Ontario webpage is a great resource from employers, and can connect you with updated information across the province.
You can also sign up to receive news releases delivered to your e-mail through the Government of Ontario website.
Municipal government website (for example: Toronto, Peel, Durham and York).
Remote Workplace
As many workplaces continue to have employees working remotely, it’s important to remember that their home is now their workplace. In addition to the considerations noted in Janet Lunau’s blog, Zoom Calls and Slack Chats and GIFs, Oh My!: An Employer’s Guide to Bad WFH-Behaviour, we have put together a short checklist to remind you of some practical and legal considerations for your Remote Work Policy.
This checklist should serve as a general overview of what could be included in a Remote work Policy but does not include everything that should be covered nor does it explore considerations that may be specific a workplace or industry.
Remote Workplace Policy Checklist
At-Home Requirements
Employees should confirm that they have:
A safe area to work which is designated as a specific alternate worksite; This workplace should be quiet, private and uninterrupted;
Access to a laptop or computer (either personal or provided by the employer);
Steady unlimited internet connection;
A private phone line or cell phone (either personal or provided by the employer;
Access to any other job-specific equipment;
Employees should be required to immediately inform their supervisor should they cease to comply with any of the at-home requirements.
Remote Working Expectations and Procedures
Employees must:
Advise the company of the location where their work will be conducted (for example the address and physical location description);
Maintain regular working hours;
Dedicate their full attention to their job duties during working hours;
Ensure secure storage of company information on devices and protection of the privacy of screens;
Record of their hours of work, take appropriate rest periods and breaks;
Attend scheduled check-ins and workload meetings with their supervisors to maintain communication and understand expectations and workloads;
Employers should clearly notify employees which workplace policies continue to apply while working remotely (i.e. violence and harassment, health and safety etc.).
Health and Safety and Emergency Procedures
Employers should:
Confirm that employees have access to emergency services, such as 911 or an emergency contact;
Educate employees about the universal Signal For Help;
Ensure that employees can recognize this signal or develop a system for employees to seek help online in the event that they are in a dangerous environment at home (i.e. the victim of domestic abuse);
Confirm whether employees’ homes have sufficient insurance to cover any home remote work site or space;
Confirm with employees that all Occupational Health and Safety policies continue to apply at the remote worksite.
Confirm that employees should maintain a safe and ergonomically sound work environment;
Depending on the workplace and policies, ensure that employees understand how to report any injuries while performing work at home.
Looking Ahead
Employers should make sure that their policy addresses the timeframe for remote work and that employers have the right to transition employees back to working at an office in the future.
Employers should consider whether remote work will be permitted after the pandemic.
Factors that employers may wish to explore are:
Approval of remote work during urgent circumstances and in cases of emergencies;
Remote work arrangements and accommodation and where operationally feasible;
Remote work requests will be considered on a case-by-case basis;
As can be seen through this checklist, there are many considerations for employers when developing and updating a remote work policy. Many companies will have specific factors or nuances to consider and address in their remote work policy. Should you require assistance with your remote work policy, please contact us and we would be happy to assist you.