Since the start of the COVID-19 pandemic, there has been a flurry of communications from all levels of government. From guidelines and announcements, to legislative and regulatory amendments – there is a lot of information to process. In this PH Report we discuss the current COVID-19 restrictions in Ontario with a focus on how they will affect Ontario workplaces.
1. Ontario’s Declaration of Emergency
As of January 14, 2021, Ontario entered its second “Declaration of Emergency”. Accordingly, the government of Ontario has amended O.Reg 82/20: Rules for Areas in Stage 1 under the Reopening Ontario (A Flexible Response to COVID-19) Act, 2020.
Guidance posted by the government summarizes the new measures (in red), and shows what has changed in the province as of January 14, 2021. Below is a summary of those changes, with a focus on how they will affect Ontario workplaces.
Stay-at-Home Order
As part of Ontario’s declaration of emergency, the government of Ontario issued a stay-at-home order requiring Ontarians to remain at home with exceptions for permitted purposes or activities.
Ontario Regulation 11/21 sets out what is considered a “permitted purpose.” Working or volunteering where the nature of the work or volunteering requires the individual to leave their residence is considered a permitted purpose.
Businesses Permitted to Remain Open
As of January 14, 2021, most businesses that were previously deemed to be essential continue to be. For example, restaurants, supply chain businesses and grocery stores. See this guidance for a complete list of essential businesses and new restrictions for essential businesses, such as permitted hours of operation and curb-side pick-up.
Working From Home
O.Reg 82/20 states that all businesses must ensure that any employee who can work from home, does work from home, unless the nature of their work requires them to be on-site (see above).
Employers should undertake a review of which workers need to go into the workplace and how often. Consult the Ministry of Labour or your local public health office for further guidance on this and do not hesitate to contact either body should you require additional information.
2. Knowing your Responsibilities as an Employer in Ontario
The Government of Ontario has published many resources for Ontario employers that are frequently updated and can be confusing to navigate. A great place to start is with the step-by-step guide for employers on preventing COVID-19 in the workplace. Below we review several important requirements for employers in Ontario. This is a general overview and it should be noted that municipal guidance ought to be reviewed by employers as well.
a. COVID-19 Workplace Safety Plan
Under the Occupational Health and Safety Act (OHSA), employers must take every precaution reasonable in the circumstances to protect a worker.
The government of Ontario therefore requires that all businesses that are open prepare and make available a COVID-19 Safety Plan. A copy of the plan must be made available to any person upon request and it must be posted where it would come to the attention of individuals working in or attending the business.
The government has published a guide and template in order to assist employers to use public health and workplace health and safety information to develop a plan to make workplaces safe. Employers are encouraged to consult the sector-specific guidelines and should consider how to ensure safety during meal and break periods at work.
b. Distancing, Masks and Capacity Limits
Businesses must ensure that masks or face coverings are worn by any person (including members of the public and workers) in the indoor area of the business or organization, with limited exceptions.
Section 2 of O.Reg 82/20 lists exceptions to wearing a mask such as: children, people with medical accommodations, and while eating. Another exception where wearing a mask is not mandatory is when a person who performs work for a business or organization in an area that is not accessible to members of the public and is able to maintain a physical distance of at least two metres from every other person while in the indoor area. However, note that masks and barriers remain recommended at all times.
Businesses must limit capacity so that members of the public are able to maintain a two-metre distance from everyone else in the facility. Businesses must not allow patrons to line up inside or outside the facility unless they can maintain a distance of two metres and are wearing masks.
c. Cleaning and Disinfecting
Businesses that are open must make sure that all equipment, washrooms, locker rooms etc. that are accessible to the public are cleaned and disinfected frequently to maintain a sanitary condition.
Employers should also ensure access to handwashing stations, hand sanitizer or additional personal protective equipment.
d. Screening
In accordance with O.Reg 82/20, businesses or organizations must operate in compliance with the advice, recommendations and instructions issued by the Office of the Chief Medical Officer of Health on screening individuals. For example, workplaces must screen any workers or essential visitors prior to entering the work environment.
The Ontario government has posted screening guidance, which is published in dozens of languages.
However, that screening questionnaire may not go far enough. When screening employees, consider the particulars of your specific workplace and whether you require additional information. For example, is the employee waiting for the results of a COVID-19 test?
e. Posters
Although there is no requirement to utilize posters, the Ministry of Labour has published numerous posters in English to assist employers to communicate with their employees.
The City of Toronto has also published posters in dozens of languages that can be posted in the workplace.
f. Reporting Obligations
If you are advised that one of your workers has tested positive for COVID-19 due to exposure at the workplace, or that a claim has been filed with the Workplace Safety and Insurance Board (WSIB), you must give notice in writing within four days to:
the workplace’s joint health and safety committee or health and safety representative
Additionally, you must report any occupationally acquired illnesses to the WSIB within three days of receiving notification of the illness.
Be advised that there may also be reporting obligations to the local public health authorities, as outlined below.
3. Enforcement
The Ministry of Labour has announced a “Stay Safe All Day” campaign which aims to conduct workplace inspections in areas of high transmission at workplaces in the following sectors:
Manufacturing
Warehousing
Distribution centres
Food processing
Workplaces with reported COVID-19 outbreaks
In addition, the Ministry of Labour has announced a blitz campaign in big box stores beginning on January 16, 2021 in Toronto, Hamilton, Peel, York and Durham. Ministry inspectors will focus on masks, distancing and general workplace health and safety. Inspectors have the authority to:
Ticket non-compliant supervisors, employees and patrons
Temporarily close a premise
Disperse groups of more than 5 people
4. Understanding Guidance from your Municipality
Municipalities across the province have their own set of guidelines in relation to the above legislation, directives, and regulations from the provincial government. Employer should consult these resources to determine whether there are additional requirements they must comply with.
5. Resources from the City of Toronto
The City of Toronto has published a list of resources for businesses and organizations.
Revised Letter of Instruction for Workplaces in Toronto
On January 6, 2021 Toronto’s medical officer of health issued a revised Letter of Instruction for Workplaces address to “all employers and persons responsible for a business or organization in the city of Toronto permitted to be open under the Reopening Ontario Act.”
This letter instructs anyone falling within the above definition to immediately implement the following measures: (note: these instructions do not supersede provincial legislation or directives)
Immediate Notification to Toronto Public Health
When the employer or person responsible for a business or organization becomes aware of two or more people who test positive for COVID-19 within a 14-day interval in connection with workplace premises, they must immediately notify Toronto Public Health (“TPH”). This is done by:
a. Contacting TPH at 416-338-7600;
b. Providing TPH with a contact they can work with to implement any required measures to help reduce the spread of the virus;
c. Providing updated contact information for all workers within 24 hours in order to support TPH’s contract tracing efforts.
d. Cooperating with TPH’s infection prevention and control personnel. This includes allowing them into the workplace for inspecting and providing support to their measures and recommendations.
Infection Prevention Measures
TPH has also instructed employers to implement infection prevention measures such as:
Provide handwashing and sanitizing facilities in work and rest areas. TPH recommends that hand sanitizer with 60%-90% alcohol content is used.
Implement rigorous and frequent environmental cleaning in high touch areas, including areas accessible by the public.
Conduct or have the property owner or landlord conduct a regular review of heating, ventilation, and air conditioning (“HVAC”) systems to ensure they are functioning well.
6. PH Tips
Anticipate further changes, both province-wide, locally, and otherwise
Remember that the law and requirements have changed frequently and will continue to do so.
The above list is not meant to be exhaustive. It is simply an overview of certain requirements and provides a starting point from which to consider your obligations.
Consider the above in the context in your workplace. Different industries will have different obligations (e.g. education, child care, construction) and
Communicate clearly and effectively with your employees. You have not discharged your duty by sharing new regulations with managers only, and you cannot assume that they employees are up-to-date with the news.
Going beyond the mandatory
Some of the government guidance is not mandatory, but it has become clear that following recommendations and best practices and not only mandatory directives is necessary. For example, while out-of-province travel is technically permitted, Ontario’s Chief Medical Officer of Health strongly advises that individuals and families only travel out of the province if it is essential. Strongly consider the optics in your workplace of non-essential travel, particularly for senior executives and businesses with a health mandate.
Review your workforce and assess which workers can work remotely.
Consult the Ministry of Labour or your local public health office when needed. It is our experience that they are willing to help in a non-adversarial way.
Be Diligent in your Recordkeeping
Keep detailed notes of steps taken to prevent COVID-19 in your workplace, as well as resources consulted and communications to employees, which will be helpful in a Ministry of Labour blitz or inspection, if disciplinary action is required, or if legal claims arise.