March 21, 2022

With the ending of widespread mask mandates in Ontario today, a number of clients have inquired about masking in their workplace and whether they can continue to enforce a compulsory masking policy even though the province is dropping the requirements. I have also been asked about whether Vaccination Policies should be maintained.

The simple answer is yes.

Every employer has an obligation under the Occupational Health and Safety Act (OHSA) to take all reasonable precautions to protect the health and safety of workers, meaning that an employer can require employees to adhere to safety requirements, so long as those requirements are reasonable.

While the provincial government has lifted the masking mandate in many – but not all – situations, there are numerous Public Health authorities who continue to advise that masking is an effective strategy to mitigate the spread and consequences of the COVID-19 virus.

In addition, public health officials are still advising that the pandemic is not over, and that being vaccinated is the best way for us to respond to the Corona-19 virus and its variants to protect ourselves and those around us.

My advice is that you check with your local public health authorities and follow the guidance they provide on these issues. You can find your local office through the government’s Ontario Public Health Unit Locator.

You should also keep a record of that advice. In the event that an employee contests your policy, this evidence can be shown to demonstrate that the policy is a reasonable requirement in exercising your obligation to maintain a safe workplace.

I hope you find this information helpful.

Please contact me if you have any questions or for assistance working through your staffing matters.

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