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Can Employers Require COVID-19 Vaccinations? – Coronavirus (COVID-19) – Canada – Mondaq News Alerts

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COVID-19 may have brought Canadians together in many ways, but a
number of issues surrounding the pandemic have proven to be
divisive on some level. Masking policies, stay at home orders, the
forced shut down of many businesses, government compensation
schemes or the lack thereof, testing rates, and delays have brought
on many a heated debate. The rollout of vaccines – who gets
them first, how they are administered, and the shortage of this
highly in-demand product – is the issue dominating press
conferences and front pages at this point. As we see COVID vaccines
deployed across the Province of Ontario, the emerging debate is
whether or not employers can mandate that employees be vaccinated.
An important question, so far without a clear answer.

Like so many legal issues raised with COVID, there is no clear
precedent.  Helpful, though not determinative, is the caselaw
dealing with “Mask or Vaccinate” influenza policies in
the health care setting.  Employers implemented policies
mandating that workers either get the flu vaccine or wear a mask
throughout their shift. Unions challenged these policies and a
number of arbitral decisions addressed whether such policies were
in violation of the collective agreement. Unfortunately, these
decisions are divided.

Some arbitrators (see  Health Employers Assn. of
British Columbia
v. the Health Sciences
Assn
1 and North Bay General Hospital v
ONA2) found the employer’s policy
compliant, citing provisions of the collective agreement that
specifically addressed vaccinations during an outbreak, directions
from the Ministry of Health to employers to implement an influenza
protocol, expert evidence supporting vaccination rates amongst
health care workers and transmission of influenza to the patients,
and the existence of the alternative of masking. In other decisions
(see Sault Area Hospital and Ontario Nurses’
Association
3, St Peter’s Health System v
CUPE, Local 778
4 and  St. Michael’s
Hospital
v Ontario Nurses’
Association
5), arbitrators found the policy in
violation of the collective agreement citing a lack of
“consensus” on vaccinating and masking and the prevention
and control of influenza, a lack of mandating of the policy by a
Medical Officer of Health or regulatory body, and that the
scientific evidence available was insufficient to support a
requirement for employees to wear masks for up to six months every
year. In the St. Michael’s Hospital case, the
Arbitrator stated that the evidence supporting a masking mandate
was “insufficient, inadequate, and completely
unpersuasive”.

I can clearly see some distinguishing aspects between the
influenza ‘Mask or Vaccinate’ policies and the situation
currently facing employers and workers in health care settings.
COVID is much more infectious and deadly, vaccines are much more
effective (95%6 vs. 20-60%7), and there has
already been considerable research on the transmission of the virus
and the efficacy of the vaccine.

Only one arbitral decision has been released to date dealing
with mandatory COVID testing in a retirement home. Christian
Labour Association of Canada
v Caressant Care Nursing
& Retirement Homes
8 dealt with an
employer’s policy that staff be tested every 2 weeks for COVID.
An employee refused to be tested and was placed on unpaid leave. In
this case, the Arbitrator upheld the policy, finding that the
testing requirement, even though it was intrusive to the
individual, was reasonable in light of all of the
circumstances.

Ontario does have a precedent for mandatory vaccination. The
public school system requires students to submit evidence of their
updated vaccines9, although there are limited exemptions
for medical reasons and religious beliefs. Medical reasons require
a “Statement of Medical Exemption” form to be submitted,
signed by a doctor or nurse practitioner, and submitted to the
local public health unit. The reason for the exemption must be
indicated, such as a medical condition that prevents the child from
receiving the vaccine. The religious belief exemption requires an
education session to be completed at the local public health unit
covering basic information about vaccine safety, immunization and
community health, and immunization law in Ontario. A ‘Statement
of Conscience or Religious Belief’ form must be completed,
signed by a commissioner for taking affidavits in Ontario, and
submitted to the local public health unit. These exemptions act to
accommodate legitimate human rights that arise with such a
mandatory vaccination program for grounds of disability and creed
under Ontario’s Human Rights Code.

So, will Ontario employers be able to mandate COVID
vaccinations? That answer seems clear – no employer can
physically force an employee to be vaccinated. However, where
employers implement mandatory vaccination programs, and employees
refuse to comply, what can be done? Can employees be put on unpaid
leave? Be disciplined? Or terminated? Will employers be expected to
try to find alternative work? Will they allow employees to work
from home?

It will take time, but we will eventually see policy grievances
in a unionized setting and challenges for terminations for a cause
in both unionized and non-unionized settings where employees are
terminated for refusing to vaccinate. While the jury is still out,
I expect decision-makers will try to provide as much of a balancing
act as possible between individual’s human rights, privacy, and
bodily integrity vs. the health and safety needs of the public,
co-workers, and clients/patients/customers.

I expect that mandatory vaccination programs and terminations
will be upheld in workplaces providing direct care, particularly of
a vulnerable population in a congregate living situation, subject
to human rights exemptions. The public school exemption program is
a solid example of the type of protocol that I can see being
followed.

Less clear in my mind is whether close physical workspaces like
those in the manufacturing and construction settings will be
subject to enforceable mandatory vaccination programs and
terminations for cause. Unionized settings will likely face
even greater resistance.

Lastly, much more ‘sterile’ work settings, like offices,
where options exist for many employees to work remotely, offer up
much more room for debate on an employer’s ability to terminate
for cause. While I expect employers may be able to place employees
off on an unpaid leave where an employee refuses to vaccinate in a
working environment where COVID can be transmitted, I am doubtful
cause will be established on terminations. In non-unionized
workplaces, employers may be looking at terminations without cause
if they are not prepared to employ someone who refuses to be
vaccinated, subject to human rights.

Like so many legal issues raised with COVID, we will need to
wait and see if the government enacts any mandatory vaccine
legislation (which it has said it is not intending to do) and the
release of arbitral and court decisions before employers have any
certainty about their right to demand that employees submit to
COVID-19 vaccinations.

Stay tuned!

Footnotes

1 (2013) 237 L.A.C. (4th) 1, [2013] B.C.C.A.A.A. No.
138

2 2008 CarswellOnt 9040 (Ont Arb)

3 2015 CanLII 55643 (ON LA)

4 2002 CarswellOnt 4709 (Ont Arb)

5 2018 CanLII 82519 (Ont LA)

6 Pfizer-BioNTech COVID-19 vaccine: What you should
know
and Moderna COVID-19 vaccine: What you should
know

7 Center for Disease Control, CDC Seasonal Flu
Vaccine Effectiveness Studies
, (accessed December 14,
2020).

8 2020 CanLII 100531 (ON LA) (Randall).

9 Immunization of School Pupils Act

The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.

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What’s the greatest holiday gift: lips, hair, skin? Give the gift of great skin this holiday season

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Give the gift of great skin this holiday season

Skinstitut Holiday Gift Kits take the stress out of gifting

Toronto, October 31, 2024 – Beauty gifts are at the top of holiday wish lists this year, and Laser Clinics Canada, a leader in advanced beauty treatments and skincare, is taking the pressure out of seasonal shopping. Today, Laser Clincs Canada announces the arrival of its 2024 Holiday Gift Kits, courtesy of Skinstitut, the exclusive skincare line of Laser Clinics Group.

In time for the busy shopping season, the limited-edition Holiday Gifts Kits are available in Laser Clinics locations in the GTA and Ottawa. Clinics are conveniently located in popular shopping centers, including Hillcrest Mall, Square One, CF Sherway Gardens, Scarborough Town Centre, Rideau Centre, Union Station and CF Markville. These limited-edition Kits are available on a first come, first served basis.

“These kits combine our best-selling products, bundled to address the most relevant skin concerns we’re seeing among our clients,” says Christina Ho, Senior Brand & LAM Manager at Laser Clinics Canada. “With several price points available, the kits offer excellent value and suit a variety of gift-giving needs, from those new to cosmeceuticals to those looking to level up their skincare routine. What’s more, these kits are priced with a savings of up to 33 per cent so gift givers can save during the holiday season.

There are two kits to select from, each designed to address key skin concerns and each with a unique theme — Brightening Basics and Hydration Heroes.

Brightening Basics is a mix of everyday essentials for glowing skin for all skin types. The bundle comes in a sleek pink, reusable case and includes three full-sized products: 200ml gentle cleanser, 50ml Moisture Defence (normal skin) and 30ml1% Hyaluronic Complex Serum. The Brightening Basics kit is available at $129, a saving of 33 per cent.

Hydration Heroes is a mix of hydration essentials and active heroes that cater to a wide variety of clients. A perfect stocking stuffer, this bundle includes four deluxe products: Moisture 15 15 ml Defence for normal skin, 10 ml 1% Hyaluronic Complex Serum, 10 ml Retinol Serum and 50 ml Expert Squalane Cleansing Oil. The kit retails at $59.

In addition to the 2024 Holiday Gifts Kits, gift givers can easily add a Laser Clinic Canada gift card to the mix. Offering flexibility, recipients can choose from a wide range of treatments offered by Laser Clinics Canada, or they can expand their collection of exclusive Skinstitut products.

 

Brightening Basics 2024 Holiday Gift Kit by Skinstitut, available exclusively at Laser Clincs Canada clinics and online at skinstitut.ca.

Hydration Heroes 2024 Holiday Gift Kit by Skinstitut – available exclusively at Laser Clincs Canada clinics and online at skinstitut.ca.

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Here is how to prepare your online accounts for when you die

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LONDON (AP) — Most people have accumulated a pile of data — selfies, emails, videos and more — on their social media and digital accounts over their lifetimes. What happens to it when we die?

It’s wise to draft a will spelling out who inherits your physical assets after you’re gone, but don’t forget to take care of your digital estate too. Friends and family might treasure files and posts you’ve left behind, but they could get lost in digital purgatory after you pass away unless you take some simple steps.

Here’s how you can prepare your digital life for your survivors:

Apple

The iPhone maker lets you nominate a “ legacy contact ” who can access your Apple account’s data after you die. The company says it’s a secure way to give trusted people access to photos, files and messages. To set it up you’ll need an Apple device with a fairly recent operating system — iPhones and iPads need iOS or iPadOS 15.2 and MacBooks needs macOS Monterey 12.1.

For iPhones, go to settings, tap Sign-in & Security and then Legacy Contact. You can name one or more people, and they don’t need an Apple ID or device.

You’ll have to share an access key with your contact. It can be a digital version sent electronically, or you can print a copy or save it as a screenshot or PDF.

Take note that there are some types of files you won’t be able to pass on — including digital rights-protected music, movies and passwords stored in Apple’s password manager. Legacy contacts can only access a deceased user’s account for three years before Apple deletes the account.

Google

Google takes a different approach with its Inactive Account Manager, which allows you to share your data with someone if it notices that you’ve stopped using your account.

When setting it up, you need to decide how long Google should wait — from three to 18 months — before considering your account inactive. Once that time is up, Google can notify up to 10 people.

You can write a message informing them you’ve stopped using the account, and, optionally, include a link to download your data. You can choose what types of data they can access — including emails, photos, calendar entries and YouTube videos.

There’s also an option to automatically delete your account after three months of inactivity, so your contacts will have to download any data before that deadline.

Facebook and Instagram

Some social media platforms can preserve accounts for people who have died so that friends and family can honor their memories.

When users of Facebook or Instagram die, parent company Meta says it can memorialize the account if it gets a “valid request” from a friend or family member. Requests can be submitted through an online form.

The social media company strongly recommends Facebook users add a legacy contact to look after their memorial accounts. Legacy contacts can do things like respond to new friend requests and update pinned posts, but they can’t read private messages or remove or alter previous posts. You can only choose one person, who also has to have a Facebook account.

You can also ask Facebook or Instagram to delete a deceased user’s account if you’re a close family member or an executor. You’ll need to send in documents like a death certificate.

TikTok

The video-sharing platform says that if a user has died, people can submit a request to memorialize the account through the settings menu. Go to the Report a Problem section, then Account and profile, then Manage account, where you can report a deceased user.

Once an account has been memorialized, it will be labeled “Remembering.” No one will be able to log into the account, which prevents anyone from editing the profile or using the account to post new content or send messages.

X

It’s not possible to nominate a legacy contact on Elon Musk’s social media site. But family members or an authorized person can submit a request to deactivate a deceased user’s account.

Passwords

Besides the major online services, you’ll probably have dozens if not hundreds of other digital accounts that your survivors might need to access. You could just write all your login credentials down in a notebook and put it somewhere safe. But making a physical copy presents its own vulnerabilities. What if you lose track of it? What if someone finds it?

Instead, consider a password manager that has an emergency access feature. Password managers are digital vaults that you can use to store all your credentials. Some, like Keeper,Bitwarden and NordPass, allow users to nominate one or more trusted contacts who can access their keys in case of an emergency such as a death.

But there are a few catches: Those contacts also need to use the same password manager and you might have to pay for the service.

___

Is there a tech challenge you need help figuring out? Write to us at onetechtip@ap.org with your questions.

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Pediatric group says doctors should regularly screen kids for reading difficulties

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The Canadian Paediatric Society says doctors should regularly screen children for reading difficulties and dyslexia, calling low literacy a “serious public health concern” that can increase the risk of other problems including anxiety, low self-esteem and behavioural issues, with lifelong consequences.

New guidance issued Wednesday says family doctors, nurses, pediatricians and other medical professionals who care for school-aged kids are in a unique position to help struggling readers access educational and specialty supports, noting that identifying problems early couldhelp kids sooner — when it’s more effective — as well as reveal other possible learning or developmental issues.

The 10 recommendations include regular screening for kids aged four to seven, especially if they belong to groups at higher risk of low literacy, including newcomers to Canada, racialized Canadians and Indigenous Peoples. The society says this can be done in a two-to-three-minute office-based assessment.

Other tips encourage doctors to look for conditions often seen among poor readers such as attention-deficit hyperactivity disorder; to advocate for early literacy training for pediatric and family medicine residents; to liaise with schools on behalf of families seeking help; and to push provincial and territorial education ministries to integrate evidence-based phonics instruction into curriculums, starting in kindergarten.

Dr. Scott McLeod, one of the authors and chair of the society’s mental health and developmental disabilities committee, said a key goal is to catch kids who may be falling through the cracks and to better connect families to resources, including quicker targeted help from schools.

“Collaboration in this area is so key because we need to move away from the silos of: everything educational must exist within the educational portfolio,” McLeod said in an interview from Calgary, where he is a developmental pediatrician at Alberta Children’s Hospital.

“Reading, yes, it’s education, but it’s also health because we know that literacy impacts health. So I think that a statement like this opens the window to say: Yes, parents can come to their health-care provider to get advice, get recommendations, hopefully start a collaboration with school teachers.”

McLeod noted that pediatricians already look for signs of low literacy in young children by way of a commonly used tool known as the Rourke Baby Record, which offers a checklist of key topics, such as nutrition and developmental benchmarks, to cover in a well-child appointment.

But he said questions about reading could be “a standing item” in checkups and he hoped the society’s statement to medical professionals who care for children “enhances their confidence in being a strong advocate for the child” while spurring partnerships with others involved in a child’s life such as teachers and psychologists.

The guidance said pediatricians also play a key role in detecting and monitoring conditions that often coexist with difficulty reading such as attention-deficit hyperactivity disorder, but McLeod noted that getting such specific diagnoses typically involves a referral to a specialist, during which time a child continues to struggle.

He also acknowledged that some schools can be slow to act without a specific diagnosis from a specialist, and even then a child may end up on a wait list for school interventions.

“Evidence-based reading instruction shouldn’t have to wait for some of that access to specialized assessments to occur,” he said.

“My hope is that (by) having an existing statement or document written by the Canadian Paediatric Society … we’re able to skip a few steps or have some of the early interventions present,” he said.

McLeod added that obtaining specific assessments from medical specialists is “definitely beneficial and advantageous” to know where a child is at, “but having that sort of clear, thorough assessment shouldn’t be a barrier to intervention starting.”

McLeod said the society was partly spurred to act by 2022’s “Right to Read Inquiry Report” from the Ontario Human Rights Commission, which made 157 recommendations to address inequities related to reading instruction in that province.

He called the new guidelines “a big reminder” to pediatric providers, family doctors, school teachers and psychologists of the importance of literacy.

“Early identification of reading difficulty can truly change the trajectory of a child’s life.”

This report by The Canadian Press was first published Oct. 23, 2024.

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