October 1, 2020

As you know, over the past week the government of Ontario has introduced a number of new or revised regulations and guidelines to address the province’s increasing COVID-19 infections and transmission rates.

I would like to make sure you are aware of one important regulation that came into effect September 26, 2020 that requires organizations and businesses to implement mandatory screening for workers and essential visitors.

This regulation is part of the September 25 amendment to Ontario Regulation 364/20 “Rules For Areas In Stage 3” under the Reopening Ontario (A Flexible Response to COVID-19) Act, 2020.

Under SCHEDULE 3 – SPECIFIC RULES – Compliance: 1, the amendment states: 

1. The person responsible for a place of business that is open shall ensure that the business operates in accordance with all applicable laws, including the Occupational Health and Safety Act and the regulations made under it.
2. The person responsible for a place of business that is open shall operate the business in compliance with the advice, recommendations and instructions of public health officials, including any advice, recommendations or instructions on physical distancing, cleaning or disinfecting.

Downloadable questionnaire

In connection with this amendment, the Ministry of Health has issued a “COVID-19 Screening Tool for Workplaces” which sets out the requirements of the Office of the Chief Medical Officer of Health and provides required screening questions.

You can download the Screening Questionnaire at this link:
Workplace Screening Guidance.pdf

The government instructs that:

• Workplaces should implement this screening for any workers or essential visitors entering the work environment.
   
  • ‘Workers’ refers to staff (e.g., workers) and is intended to include students, contractors or volunteers that conduct business or related activities where applicable and appropriate.
  • ‘Essential visitors’ include individuals providing a service in the establishment who are not employees or patrons of the establishment (e.g., delivery, maintenance, contract workers) 
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The questionnaire should be used to screen individuals for COVID-19 before or when a worker enters the workplace at the beginning of their day or shift, or when an essential visitor arrives.

NOTE: The screening is not required for patrons entering a workplace (e.g., customers entering a grocery store, restaurant, bar or other food or drink establishment).  Nor is it required for emergency services or other first responders entering a workplace for emergency purposes.

Required Screening Questions

The  downloadable sheet is laid out with appropriate checkboxes in place to answer three (3) required questions:

1. Do you have any of the following new or worsening symptoms or signs? Symptoms should not be chronic or related to other known causes or conditions
   • This is followed with a checklist of symptoms such as ‘fever and chills’, ‘sore throat, trouble swallowing’ and includes mild symptoms of many infections, such as ‘runny nose/stuffy nose or nasal congestion’
2. Have you travelled outside of Canada in the past 14 days
3. Have you had close contact with a confirmed or probable case of COVID-19?

If the individual answers YES to any questions from 1 through 3, they have not passed and should be advised that they should not enter the workplace (including any outdoor, or partially outdoor, workplaces).

They should go home to self-isolate immediately and contact their health care provider or Telehealth Ontario (1 866-797-0000) to find out if they need a COVID-19 test. 

In the case of an employee not passing the screening questionnaire and being advised to go home to self-isolate, payment will be subject to the existing and ordinary sick leave provisions of the employer.

I would like to return for a moment to the Compliance section of the Amendment noted earlier. The Ministry specifically states that

• employers must also meet all obligations under the Occupational Health and Safety Act (“OHSA”)

implying that at a minimum, employers must conduct the mandated screening in accordance with employer health and safety obligations under the OHSA.

In addition, the business must be operated

• in compliance with the advice, recommendations and instructions of public health officials, including any advice, recommendations or instructions on physical distancing, cleaning or disinfecting.

To ensure that your workplace has instituted and is maintaining safe protocols and practices, you may wish to revisit the Ontario Workplace Reopening Guide and Toolkit which I advised you of in mid June.

You may also wish to visit the new Ontario Together PPE Directory, which has listings for masks, sanitization, eye protection, gowns, gloves and sneeze guards.

As I advised last week, the government has also announced that it has begun the process of training and hiring 97 new workplace health and safety inspectors.

I will continue to provide you with information about COVID-19 related regulations in the workplace as they are announced and implemented by various governments and public health officials.