On September 26, 2020, amendments to Ontario Regulation 364-20, the “Rules for
Areas in Stage 3,” came into effect, making it mandatory for
all businesses and organizations in Ontario to screen workers and
essential visitors for COVID-19 before entry to the premises.
In June 2020, the Ministry of Labour published a guide that
provided businesses with practical advice on how to conduct
screening for the virus and how to deal with potential exposure at
the workplace. Additional information on this guidance can be found
in our prior bulletin. However, with another spike of
COVID-19 cases in the province, the government has escalated its
efforts and mandated that all workplaces in Ontario proactively
screen workers and essential visitors before or upon entering the
work environment. The Office of the Chief Medical Officer of Health
(“CMOH“) includes delivery, maintenance
and contract workers in its definition of “essential
visitors”. The requirement does not apply to patrons.
The new provision references a set of guidelines and recommendations released
by the CMOH. The Screening Tool sets out three questions that
workers or essential visitors must answer before entering the
premises: 1) whether the individual is experiencing any of the
listed symptoms including, but not limited to: fever, cough, sore
throat, nausea or extreme fatigue; 2) whether the individual has
travelled outside of Canada in the last 14 days; and 3) whether
that individual has been in close contact with a confirmed or
probable case of COVID-19. The screening does not include
temperature checks.
If the worker or essential visitor answers yes to any of the
listed questions, including experiencing any one of the numerous
symptoms on the provided list, they should not enter the workplace.
Instead, the employer must immediately direct the individual to
self-isolate at home and urge them to contact their care provider
or Telehealth Ontario to assess their need for a COVID-19 test.
Notwithstanding the above, the practical implications for
Ontario workplaces remain somewhat ambiguous, as the guidelines do
not provide a recommended method of screening (signage, tracker,
etc.). Realistically, the implementation of the screening
requirement may look different across workplaces. We suggest that
employers consider the following:
- Create an in-person screening point
upon entry into the workplace which would ensure the worker is
being asked the required questions; - Create a documentary record of
responses. In doing so, advise employees that the information
collected will be used only to verify compliance, and for no other
reason. Seek consent to collect the information; - Where this is not possible (i.e.
larger workplaces with multiple entrances), put clear signage with
screening questions at all entrances. The signs should state that
those who answer any of the questions in the affirmative cannot
enter. Have documentary evidence of what the signs say, as well as
where they were placed; - Look into technology, which creates
what is effectively a sign-in on attendance, to be installed on the
employees’ phone or sent to them by email; and - Co-ordinate with any other party
responsible for advising employees of compliance. For example,
where the business is in a building under property management, make
compliance with the property manager’s rules part of the
process.
Despite the fact that many workplaces had previously implemented
screening similar to what is now mandatory under the regulation,
given the new requirements, it is vital for workplaces to either
adjust their current screening protocols to comply with the CMOH
guidelines or implement a new screening process altogether. Though
it is not codified in the regulations, employers should continue to
encourage employees to self-monitor and adhere to social distancing
guidelines inside and outside of the workplace, as well as follow
any additional guidance from public health officials.
Co Authored by: Stacey Blydorp, Student-at-Law
Originally published by Aird & Berlis, October
2020
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.