Many clients have asked me about what things they should consider when developing a vaccination policy. On Wednesday, August 11, I conducted a seminar on the topic for the Ontario Nonprofit Network (ONN) along with Kirstin Grant, Director of People & Wellness for the Canadian Mental Health Association, Ontario Division, and moderator Sarah Matsushita of the ONN.
The video below covers the major points of that seminar as well as some of the most commonly asked questions employers have about Vaccination Policies. It is updated with answers to questions that have arisen since August 11 as the Ontario government has made new announcements.
The information in the webinar is useful to all businesses and organizations in Ontario – commercial and nonprofit.
You will be asked to submit your password to view the presentation. If you have not received a password or have misplaced the information, please use the Contact Form on this site and I will be pleased to provide access to the video
Questions answered include:
If an employer cannot force staff to get vaccinated, then why have a vaccination policy?
Can different job roles be treated differently? For instance, front-line workers need to be in the office. Not as true for management/admin employees.
Should/can a policy include volunteers, clients and visitors to the workplace?
Can an employer impose masks for those who do not want to be vaccinated included the distancing from other persons they may work with?
Are there or should there be requirements to conduct contract tracing for anyone coming into the workplace?
Can you require an unvaccinated employee to get regular COVID testing?
Does the employer have to incur the cost of the test?
How would requiring additional PPE, that will easily identify the staff person as non-vaccinated, not be a potential violation of an employee’s privacy and therefore their human rights?
How do you deal with employees who don’t want to work with someone in the workplace who has not been vaccinated?
If we accommodate unvaccinated employees by letting them work from home, how do we make sure other vaccinated employees don’t say they’re unvaccinated in order to continue working from home?
Can an employer disclose to a third party if an employee has been vaccinated?
In our recruiting and job posting can we require applicants to be double vaccinated?
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Items of interest from the Ontario Ministry of Labour, Training and Skills Development
The Ministry periodically sends out a newsletter that contains a variety of information for employers.
This edition includes three items in particular that may be of interest to you:
Ontario keeping workers safe as province reopens
The Ontario government is investing $10.5 million to provide up to 60,000 small businesses across the province with free health and safety training over the next three years.
Free Roadmap to Reopen webinar, info about workplace screening and more
Workplace Safety & Prevention Service (WSPS) news and updates
PSHSA: Free workplace violence webinars and information about preventing heat stress
Public Services Health & Safety Association (PSHSA) news and updates
You may find other items of use as well. I have included the ‘teasers’ of all articles in the newsletter for you below with links that will open more information on the Ministry’s website in your browser.
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The Ontario government is investing $10.5 million to provide up to 60,000 small businesses across the province with free health and safety training over the next three years. The new Small Business Health and Safety Training Program will improve health and safety awareness to help prevent illnesses and injuries by training health and safety representatives of small businesses on how to keep workers safe in the retail, construction, health care, accommodation and food services, and other sectors. Businesses will also be reimbursed for the time the representatives are away from work.
PSHSA: Free workplace violence webinars and information about preventing heat stress Public Services Health & Safety Association (PSHSA) news and updates:
Ontario’s Second Career program helping workers start new careers The Ontario government is increasing financial supports available and simplifying the application process for individuals applying to the Second Career program. As the province’s economy begins to reopen, these changes will make it easier for laid-off and unemployed workers to pursue training and start new and better careers.
Ministry consulting on requirements for use of tower cranes On July 14, the Ministry posted a consultation on the Regulatory Registry for a proposal to modernize and clarify existing requirements relating to the use of tower cranes, as set out in the Construction Projects Regulation (O. Reg. 213/91) and O. Reg. 420/21: Notices and Reports Under Sections 51 to 53/1 of the Act – Fatalities, Critical Injuries, Occupational Illnesses and Other Incidents under the Occupational Health and Safety Act (OHSA).
Mining health & safety regulatory amendment consultations underway The Ministry is consulting on changes to Regulation 854 (Mines and Mining Plants) of the Occupational Health and Safety Act. The proposed changes would increase flexibility, better reflect current technology and reduce regulatory burden, while maintaining or improving worker health and safety.
Additional ministry consultations: Head protection and Notice of Project RequirementsThe Ministry is consulting to harmonize head protection requirements under the Occupational Health and Safety Act and consulting on a proposal to modernize the Notice of Project Requirements under Ontario Regulation 213/91 – Construction Projects.
Chief Prevention Officer releases five-year Occupational Health & Safety StrategyIn line with Ontario’s commitment to preventing injuries, illnesses and fatalities in workplaces, the province has released its next five-year strategy, called Prevention Works. The province is taking an evidence-informed approach to understand how to better protect workers in the future and cultivate a workplace culture of health and safety.
Simplified, streamlined JHSC Certification Program & Provider Standards now in effectAs of June 30, the Chief Prevention Officer has amended the Joint Health and Safety Committee (JHSC) Certification Training Program and Provider Standards to include the requirements of the JHSC Certification Distance Learning Standard. These changes simplify the requirements for new applicants and approved providers, and streamline the administrative and application processes.
IHSA: Free presentation on preventing falls in trucking and new safety podcastThe Infrastructure Health and Safety Association (IHSA) news and updates: This five-part series of podcasts looks at what IHSA is and what it does. Episodes cover information about IHSA, safety training and three important programs: the Certificate of Recognition, Health and Safety Excellence program and the National Construction Health and Safety Officer program. Free online program helps employers and workers in the transportation industry identify hazards and strategies to minimize the risk of slips, trips and falls in the workplace.
IWH: Unemployment benefits linked to lower death rates, mentoring project and moreThe Institute for Work and Health (IWH) news and updates: Here are 5 things IWH thinks you should know—based on its research findings from the past year. Family health-care practitioners treating patients with work-related injuries or illnesses will get advice from occupational medicine experts in a mentoring pilot program launching in September and hosted by IWH. Unemployment benefits are linked to lower death rates over 10 years, according to an IWH study.
Court bulletins View bulletins on recent court decisions that resulted in fines and other penalties under Ontario’s workplace laws.
Third doses to be offered for people with high vulnerability
All children born in 2009 (turning 12 in 2021) now eligible for vaccination
Province remains in Step Three of Reopening
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Health regulations continue to evolve in response to the changing COVID-19 situation and the Ontario Ministry of Health announced a number of updates and initiatives today.
I have provided a summary below, followed by the full text of the News Release.
Vaccination policies in high risk settings
Ontario’s Chief Medical Officer of Health issued a directive today mandating hospitals and home and community care service providers to have a COVID-19 vaccination policy for employees, staff, contractors, students and volunteers in effect no later than September 7, 2021.
Ambulance services must also have a COVID-19 vaccination policy for paramedics by the same date.
The minimum policy will require proof of one of three things:
Full vaccination against COVID-19;
A medical reason for not being vaccinated against COVID-19; or
Completion of a COVID-19 vaccination educational session.
Vaccination policy for your business or organization
If you are considering a vaccination policy for your organization, you may be interested in the webinar I conducted on the topic for the Ontario Nonprofit Network.
The information in the webinar is useful to all businesses and organizations in Ontario – commercial and nonprofit – and the ONN has kindly made it available for clients of LeNoury Law to view online.
You will be required to submit your name and email address to view the webinar, but there is no cost.
Please email me if you have any questions about vaccination policies after viewing the webinar, and I will be pleased to respond.
I will also be doing a follow-up on-line session August 26 answering questions submitted by all clients. I will send details on that as the date approaches.
Third doses for high vulnerability Ontarians
The government province also announced that the province will begin offering third doses of the COVID-19 vaccine to those at highest-risk, providing them with an extra layer of protection against the Delta variant. This includes:
Transplant recipients (including solid organ transplant and hematopoietic stem cell transplants);
Patients with hematological cancers (examples include lymphoma, myeloma, leukemia) on active treatment (chemotherapy, targeted therapies, immunotherapy);
Recipients of an anti-CD20 agent (e.g. rituximab, ocrelizumab, ofatumumab); and
Residents of high-risk congregate settings including long-term care homes, higher-risk licensed retirement homes and First Nations elder care lodges.
All children born in 2009 now eligible for vaccination
Starting on Wednesday, August 18, 2021, all children turning 12 years old before the end of 2021 will be eligible to receive their first dose of the Pfizer COVID-19 vaccine and can book their appointment through the provincial booking system, through their public health unit, or pharmacies, or can walk-in to vaccination clinics across the province.
Province remains in Step Three of Reopening
“While the province has reached the exciting milestone of more than 81 per cent of Ontarians aged 12 and over having received a first dose, and is expected to reach its target of 75 per cent vaccinated with a second dose later this month, out of an abundance of caution the government, in consultation with the Chief Medical Officer of Health, is pausing the exit from the Roadmap to Reopen. The Chief Medical Officer of Health and other health experts will continue to monitor the data to determine when it is safe to exit the Roadmap and lift the majority of public health and workplace safety measures currently in place.”
TORONTO — In response to evolving data around the transmissibility of the Delta variant and based on the recent experiences of other jurisdictions, the government, in consultation with the Chief Medical Officer of Health, is taking action to increase protection for our most vulnerable, including frail seniors, immunocompromised individuals and young children who are not yet eligible for vaccination. This includes making COVID-19 vaccination policies mandatory in high-risk settings, pausing the province’s exit from the Roadmap to Reopen and providing third doses of the COVID-19 vaccine to vulnerable populations. The government is also expanding eligibility for the Pfizer vaccine to children born in 2009 or earlier.
To protect vulnerable patients and staff in settings where the risk of contracting and transmitting COVID-19 and the Delta variant is higher, the Chief Medical Officer of Health has issued a directive mandating hospitals and home and community care service providers to have a COVID-19 vaccination policy for employees, staff, contractors, students and volunteers, and for ambulance services to have a COVID-19 vaccination policy for paramedics. The vaccination policy must be effective no later than September 7, 2021, and at a minimum will require these individuals to provide proof of one of three things:
Full vaccination against COVID-19;
A medical reason for not being vaccinated against COVID-19; or
Completion of a COVID-19 vaccination educational session.
Individuals who do not provide proof of full vaccination against COVID-19 will be required to undertake regular antigen testing. These settings will be required to track and report on the implementation of their policies to the provincial government. This is similar to the vaccination policy requirements currently in place for long-term care homes.
“While Ontario remains a leading jurisdiction for first and second doses administered and we have the infrastructure in place to manage outbreaks, the Delta variant is highly transmissible and the experience of other jurisdictions shows we must remain vigilant as we head into the fall,” said Christine Elliott, Deputy Premier and Minister of Health. “By taking additional measures in high-risk settings we will further protect our most vulnerable, safeguard hospital capacity, ensure a safe return to school and keep Ontario running.”
To support the return to school plan, the Ministry of Education intends to introduce a vaccination disclosure policy for all publicly-funded school board employees, and staff in private schools as well as for all staff in licensed child care settings for the 2021-22 school year, with rapid antigen testing requirements for staff who are not immunized against COVID-19. The Ontario government is also working with public health units and publicly funded school boards to run voluntary vaccination clinics in or nearby schools to make vaccines even more convenient and accessible for eligible students, their families, educators and school staff returning to school this fall.
Vaccination policies will also be implemented in other higher-risk settings such as:
Post-secondary institutions;
Licensed retirement homes;
Women’s shelters; and
Congregate group homes and day programs for adults with developmental disabilities, children’s treatment centres and other services for children with special needs, and licensed children’s residential settings.
“With the support of Ontario’s Chief Medical Officer of Health, our government is taking action to make schools as safe as possible,” said Stephen Lecce, Minister of Education. “Our plan will protect our schools, ensure rapid speed with contact tracing, all with the intention of keeping them open for the benefit of Ontario students.”
As an additional measure to continue protecting Ontario’s most vulnerable, based on the recommendation of the Chief Medical Officer of Health and other health experts, the province will begin offering third doses of the COVID-19 vaccine to those at highest-risk, providing them with an extra layer of protection against the Delta variant. This includes:
Transplant recipients (including solid organ transplant and hematopoietic stem cell transplants);
Patients with hematological cancers (examples include lymphoma, myeloma, leukemia) on active treatment (chemotherapy, targeted therapies, immunotherapy);
Recipients of an anti-CD20 agent (e.g. rituximab, ocrelizumab, ofatumumab); and
Residents of high-risk congregate settings including long-term care homes, higher-risk licensed retirement homes and First Nations elder care lodges.
Locations and timing for third doses will vary by public health unit and high-risk population based on local planning and considerations, with some beginning as early as this week where opportunities exist.
In addition, to further support a safer return to school by ensuring more children and youth can benefit from the protection offered by the vaccine, the province will extend eligibility to the Pfizer vaccine to children born in 2009. Ontario has closely monitored data from Alberta and British Columbia in making this decision, and these provinces have offered the Pfizer vaccine to youth born in 2009 for several months with no risks identified. Starting on Wednesday, August 18, 2021, all children turning 12 years old before the end of 2021 will be eligible to receive their first dose of COVID-19 vaccine and can book their appointment through the provincial booking system, through their public health unit, or pharmacies, or can walk-in to vaccination clinics across the province.
“Keeping a low rate of infection in our communities and protecting our most vulnerable is how we can keep our schools, our businesses and our social settings as safe as possible while minimizing disruption,” said Dr. Kieran Moore, Chief Medical Officer of Health. “To provide the best protection to each individual while learning to live with the virus, we are taking action by requiring individuals who work in higher-risk settings to be fully vaccinated, by providing a third dose of a COVID-19 vaccine to certain groups who have a decreased immune response and by expanding the eligibility to the children born in 2009 or earlier.”
While the province has reached the exciting milestone of more than 81 per cent of Ontarians aged 12 and over having received a first dose, and is expected to reach its target of 75 per cent vaccinated with a second dose later this month, out of an abundance of caution the government, in consultation with the Chief Medical Officer of Health, is pausing the exit from the Roadmap to Reopen. The Chief Medical Officer of Health and other health experts will continue to monitor the data to determine when it is safe to exit the Roadmap and lift the majority of public health and workplace safety measures currently in place.
Quick Facts
All vaccines delivered as part of Ontario’s vaccine rollout provide high levels of effectiveness against hospitalization and death from COVID-19 and its variants, including the Delta variant. During July 2021, unvaccinated individuals were approximately eight times more likely to get infected with COVID-19 compared to those who were fully vaccinated.
Evolving evidence around the Delta variant shows that it is more transmissible and has a higher likelihood of causing severe illness and outcomes in those infected.
To date, more than 20 million of doses have been administered in Ontario. More than 81 per cent of Ontarians aged 12 and over have received at least a first dose of a COVID-19 vaccine and more than 73 per cent have received both doses.
Individuals can prove they are fully vaccinated by showing the physical or emailed receipt that was provided to them at the time of vaccination. Vaccination receipts can also be downloaded or printed through the provincial portal or by calling the Provincial Vaccine Booking Line at 1-833-943-3900. This version of the vaccine receipt contains a watermark and a digital signature to deter forgery.
The federal government has announced its plan to implement a national vaccine passport for international travel. In addition to the official proof of vaccination provided by the Ministry of Health, a vaccine passport provided by the federal government can be used domestically as proof of immunization should it be required by a business or organization.
Organizations implicated by the directive will follow existing Provincial Antigen Screening Program (PASP) processes to access government-provided rapid antigen screening kits, to be provided by the organization for individuals who are required to undertake regular antigen screening. To date, over 16.9 million government-provided antigen tests have been deployed to for us in approximately 12,400 workplaces.
Local medical officers of health have the ability to issue Section 22 orders under the Health Protection and Promotion Act, and municipalities may enact by-laws, to target specific transmission risks in the community and help protect Ontarians from COVID-19.
