April 13, 2022
Following up on my earlier post regarding Work From Home Policies, (in full below), this article about the subject in The Globe and Mail came across my desk: Home vs office: the new business challenge.
It offers a range of perspectives, beyond the legal issues alone, that you may find interesting.
https://globe2go.pressreader.com/article/282037625692251
Please contact me if you have any questions or for assistance working through your staffing matters.
April 11, 2022
As the restrictions surrounding COVID-19 are relaxing, I have had a number of clients inquire about what, if any policies, should be in place as employees return to the workplace, especially in light of some employers, employees – or both – considering a permanent work from home situation.
Employers who do have employees work from home should ensure policies are compliant with employment laws.
To assist you in considering or implementing an extended or permanent work from home arrangement with employees I have prepared the following document which I hope you will find helpful.
Please contact me if you have any questions or for assistance working through your staffing matters.
As the restrictions and regulations surrounding COVID-19 are relaxing, I have had a number of clients inquire about what policies should be in place if employers, employees – or both – are considering an extended or permanent work-from-home situation.
To assist you in assessing or implementing such an arrangement I have prepared the following document which I hope you will find helpful in assuring your policies are compliant with employment laws.
Please contact me if you have any questions or for assistance working through your staffing matters.
Legal Considerations for Employees Working in a Home/Hybrid Environment
Worker Safety
Under the Workplace Safety and Insurance Act (“WSIA”) regulations, employees who are injured while working at home may be eligible for WSIA benefits. WSIA coverage and benefits are generally available where an employee suffers an accident while in the course of employment.
Under a strict reading of the Ontario Occupational Health and Safety Act (“OHSA”), workers who work in their own private residence are not covered under OHSA.
However, with the increasing popularity of working from home and online communications (whether via email, chat, or videoconferencing), it is not inconceivable that the law would recognize working from home as being captured by OHSA. For example, an employer could still have a role in preventing and responding to “virtual” harassment. And I note, that in Quebec the Court has held that working at home does fall under workers compensation, and health and safety legislation, in the situation of an employee who applied for workers compensation after falling down stairs at home, in the course of working from home.
To ensure that employees are working in a safe manner, employers should consider how they can provide the necessary tools for an employee to work at home.
This could include providing necessary equipment such as computers, software, and ergonomic workstations. Employers should also consider how they can appropriately monitor employee work, including work inspections.
Worker Privacy
Inspection of an employee’s work from home situation may be too invasive for some employment situations.
Employers should carefully balance an employee’s privacy considerations when they decide how they monitor an employee who is working from home.
Often, the best way to ensure that an employer is respecting an employee’s privacy is to set clear policies when it comes to using employer resources and setting expectations of an employee’s right to privacy while at work.
Providing work equipment and dedicated work software (such as email, internal chat systems) to employees generally allows an employer a greater right to monitor an employee’s work.
Employment Standards
All employment standards under the Employment Standards Act continue to apply.
Working from home often presents obstacles for employers and employees to ensure that employees are receiving their entitlements.
Common examples include ensuring employees take their 30-minute break for every five hours of consecutive work; and preventing employees from claiming they work overtime without the employer becoming aware about the hours of work an employee is putting in.
Right to Disconnect
n addition, the Ontario government introduced the right to “disconnect from work” as a new employee entitlement under the ESA.
Employers with more than twenty-five (25) employees now have an obligation to have a written policy about this right, which should establish when an employee has the right to disconnect from work communications.
Employers should know that the right to disconnect does not include all work. Right to disconnect only pertains to work-related communication (like emails and phone calls).
I have previously prepared a document which covers a Disconnecting From Work Policy in detail. It can be accessed at »» this page on my lenourylaw.com website.
Accommodation under the Ontario Human Rights Code
Employees who have child or elder care obligations may be protected under the Ontario Human Rights Code (“Code”) under the ground of family status. This also includes appropriate accommodation to the point of undue hardship.
However, this does not necessarily mean that employers are required to grant every request that an employee makes for child or elder care. Accommodation requires both parties to engage in the accommodation process and find a way in which an employee could perform the necessary work without adversely affecting an employee’s child or elder care obligations.
Making Work from Home Permanent?
I advise that employers should not guarantee that their employees will be permitted to work from home indefinitely unless they are absolutely certain.
If a work from home arrangement becomes a term and condition of employment, an employee may be constructively dismissed if an employer suddenly prohibits an employee from working from home.
Written Policy Recommended
It would be prudent for employers to ensure that their employees understand their obligations while working from home. One of the best ways to accomplish this is to establish a clear work from home policy.
Summary
While employment-related laws will always apply to the workplace, employers should be mindful of how the ever-evolving “workplace” can affect their role in ensuring compliance with the law.
Setting expectations through clear policies will help ensure all parties understand their obligations. Employers should ensure they can properly monitor their employees from work to ensure compliance with their obligations while at the same time respecting employees’ privacy rights.
April 6, 2022
The Deputy Premier and Minister of Health today announced that fourth doses of the COVID-19 vaccine will be available to individuals aged 60 and over as well as First Nation, Inuit and Métis individuals and their non-Indigenous household members aged 18 and over starting on April 7, 2022.
These booster doses are being offered to eligible individuals at a recommended interval of five months after receiving their last booster.
Starting on Thursday, April 7 at 8:00 a.m., eligible individuals will be able to book their fourth dose appointment:
The complete announcement can be found at »» this page on the Government of Ontario Website
I hope you find this information helpful. Please contact me for assistance working through your staffing matters.
March 23, 2022
As a follow up to my email earlier this week regarding masking policies, I thought you, your employees and others might find this news release from the Ontario Medical Association informative and helpful.
Please contact me if you have any questions or for assistance working through your staffing matters.Yours truly
James
STATEMENT
March 21, 2022
As pandemic restrictions ease, Ontario’s doctors offer five tips for helping you be and feel safe.
About the OMA
The Ontario Medical Association represents Ontario’s 43,000-plus physicians, medical students and retired physicians, advocating for and supporting doctors while strengthening the leadership role of doctors in caring for patients. Our vision is to be the trusted voice in transforming Ontario’s health-care system.
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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March 10, 2022
While there has been no formal announcement from any Ministers, Dr. Kieran Moore, Ontario’s Chief Medical Officer of Health, issued the following statement yesterday regarding masking requirements:
“With continued improvement in trends, Ontario will remove the mandatory masking requirement for most settings on March 21, with the exception of select settings such as public transit, health care settings, long-term care homes and congregate care settings.“
In addition, the province is changing isolation policies effective March 9, 2022 for close contacts of someone with COVID-19 or who is symptomatic.
A Technical Media Briefing was released you may find informative outlining how and when the province intends to lift the remaining public health and workplace safety measures.
Key dates in the Briefing include:
The full statement from Dr. Moore is below and the Technical Media Briefing can be viewed and/or downloaded from the government of Ontario website.
I hope you find this information helpful. Please contact me for assistance working through your staffing matters.
STATEMENT
March 9, 2022
Health
TORONTO — Today, Dr. Kieran Moore, Chief Medical Officer of Health issued the following statement:
“With the peak of Omicron behind us, Ontario has been able to cautiously and gradually move through its reopening milestones.
The majority of public health and workplace safety measures have now been lifted, and key public health indicators continue to improve or remain stable.
As we continue on this path, we are able to take a more balanced and long-term approach to Ontario’s pandemic response.
With continued improvement in trends, Ontario will remove the mandatory masking requirement for most settings on March 21, with the exception of select settings such as public transit, health care settings, long-term care homes and congregate care settings.
As a society, we must remain kind, considerate and respectful toward those who continue wearing a mask. We must also expect indicators, such as cases and hospitalizations, to increase slightly as Ontarians increasingly interact with one another. However, thanks to our high vaccination rates and natural immunity, as well as the arrival of antivirals, Ontario has the tools necessary to manage the impact of the virus.
I want to thank Ontarians for their ongoing resilience and commitment to community as we navigated this global pandemic together. Your sacrifices and collective actions have made a difference.
While this does not signal that COVID-19 has disappeared or that the pandemic is over, it does mean that we have come to a place where we know what we need to do to manage this virus and to keep each other safe.
We need to remain vigilant. We need to stay home when sick. And, most importantly, we need to get vaccinated and boosted.
Vaccination is the best protection against COVID-19 and the best protection for the progress we have made.”
Learn how Ontario intends to lift the remaining public health and workplace safety measures and learn to manage COVID-19 for the long-term.
Government
Learn about the government services available to you and how government works. Learn more
Health and Wellness
Get help navigating Ontario’s health care system and connecting with the programs or services you’re looking for. Learn more
February 14, 2022
The government of Ontario today announced that the province will be moving to the next phase of reopening on February 17, 2022 at 12:01 a.m.
It is anticipated that lifting capacity limits in all remaining indoor public settings will take place March 1, “if public health and health system indicators continue to improve.”
In addition, as of 8:00 a.m. on Friday, February 18, 2022, Ontario is expanding booster dose eligibility to youth aged 12 to 17.
I have provided highlights of the announcement. The full News Release can be found at »» this link on the Ontario government website.
Effective February 17, 2022
Ontario will further ease public health measures, including, but not limited to:
Capacity limits in other indoor public settings, such as grocery stores, pharmacies, retail and shopping malls, will be maintained at, or increased to, the number of people who can maintain two metres physical distance.
I hope you find this information helpful.
Please contact me for assistance working through your staffing matters.
January 20, 2021
The government of Ontario has announced that it will ease some COVID-19 related capacity and other restrictions beginning January 31 with plans for future stages of reopening, subject to trends in public health and health care.
I have provided top line information about the changes taking place January 31. The full text of the announcement, detailing future easings tentatively scheduled for February 21 and March 14, 2022, can be found at »» this link on the Ontario government website.
January 31, 2022
Effective January 31, 2022 at 12:01 a.m. Ontario will begin the process of gradually easing restrictions, while maintaining protective measures, including but not limited to:
I hope you find this information helpful.
Please contact me for assistance working through your staffing matters.
January 19, 2021
Subsection 2(3), Schedule 1 of O. Reg. 263/20: Rules for Areas in Step 2 made under the Reopening Ontario (A Flexible Response to COVID-19) Act, 2020 (ROA) states that:
“the person responsible for a business or organization that is open must operate that business or organization in compliance with the advice, recommendations and instructions issued by the Office of the Chief Medical Officer of Health or another public health official on screening individuals. This applies whether or not the individuals are fully vaccinated”.
This requirement includes posting signs at all entrances to the premises of the business or organization, in a conspicuous location visible to the public, that inform individuals on how to screen themselves for COVID-19 prior to entering the premises.
The Office of Ontario’s Chief Medical Officer of Health has issued a document with questions and instructions that should be used by businesses and organizations to develop signs to meet the requirement.
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In reading it, there may be some confusion, as it makes reference to a different government web page which in turn links to a screening guidance document from October 25, 2021.
My suggestion is that you follow the guidance and screening questions in the most recent update, that of January 18, 2022, as linked above.
January 10, 2021
I have received a number of calls from clients regarding how to deal with employees who are concerned about having COVID and what employees should do in situations when they are concerned about having been exposed to COVID-19.
I have compiled a document I hope you will find helpful that provides Case and Contact Management and PCR Testing Guidance from Ontario public health authorities.
It can be downloaded and printed »» through this link for your own use or distribution to employees .
The document includes in-depth answers to the following questions:
Please contact me for assistance working through your staffing matters.