Category Archives: News

Guidance on monkeypox and the workplace

August 8, 2022

After two and a half years of dealing with the COVID-19 pandemic I am sure the last thing you want to think about right now is another health issue. However, after speaking with a number of my clients in the public health field, I think it is prudent for you to be aware of the current monkeypox situation and understand that there is a possibility it could be contracted by one of your employees or someone close to them.

Overview
The first thing to know is that this is not a pandemic. Nor has it been declared an epidemic in Canada. On July 23 the World Health Organization (WHO) declared that ‘the global monkeypox outbreak represents a public health emergency of international concern (PHEIC)’.

The WHO defines a PHEIC as ‘an extraordinary event, which is determined to constitute a public health risk to other states through the international spread of disease and to potentially require a coordinated international response’. 

Here at home, the Public Health Agency of Canada (PHAC) noted on the same day that there were 681 confirmed cases across five provinces and that monkeypox cases are “expected to continue to rise as the outbreak evolves”. There are now 957 cases across the country with 449 in Ontario.  

For perspective, when the WHO declared COVID-19 a pandemic in March of 2020 there were 113,000 cases outside China – 13 times as many as two weeks before – and the number of affected countries had tripled from 36 to 114 in the same time period. The most recent weekly figures for COVID-19 in Canada show 28,596 cases for the week of July 24 to July 30, 2022 with 11,341 of these in Ontario.

Monkeypox in Canada
While this monkeypox outbreak is not a pandemic, the virus is obviously no longer confined to countries in Central Africa.

The symptoms of monkeypox are similar to but less severe than smallpox. The case fatality ratio of monkeypox in recent times is 3–6 per cent.

Health Canada advises that monkeypox can spread from person to person through

  • contact with an infected person’s lesions or scabs
  • contact with an infected person’s body fluids such as blood, saliva, and semen

An infected pregnant person may also pass on the virus to their developing fetus through the placenta.

The US Center for Disease Control (CDC) adds that infection may also spread through touching items (such as clothing or linens) that previously touched the infectious rash or body fluids.

Information is still being gathered on whether an infected person with no symptoms can spread the virus to others and if the virus can spread through respiratory particles, such as from talking, breathing, coughing or sneezing, during close contact.

People at potentially heightened risk of infection include health-care workers, commercial sex workers, and household members and other close contacts of active cases, such as sexual partners.

While monkeypox is extremely painful, most people recover on their own after a few weeks. There is an existing, approved vaccine as well as therapeutic treatments for monkeypox. Supplies are limited at this time but all levels of government are working to secure further inventory. Because of the current supply situation governments are appropriately prioritizing vaccines for those populations currently deemed to be at higher risk.

More information and updated case figures can be found on the Government of Canada web page: https://www.canada.ca/en/public-health/services/diseases/monkeypox.html

For employers
Since the monkeypox virus may be spread through a variety of activities that are not limited to any particular segment of society, anyone can contract the monkeypox virus.

It is unlikely, but possible, that a case of monkeypox could effect one of your employees or one of their family members or close contacts. 

Under the Occupational Health and Safety Act (“OHSA”) employers have a general duty to take every precaution reasonable in the circumstances for the protection of a worker.

Lessons can be learned form the COVID-19 experience to mitigate the possibility of spread and maintain the safety of everyone in your workplace.

Some appropriate steps would be to:

  • inform employees of the causes of monkeypox and risk of contracting the virus.
  • remind employees of respiratory etiquette and hand hygiene, including covering coughs and sneezes with the bend of one’s arm or wearing a well-fitted mask;
  • perform routine environmental cleaning, including cleaning and disinfecting high-touch surfaces and objects;
  • consider limiting business travel to certain countries or regions;
  • advise employees before travelling to take steps such as reporting their travel locations to their employer;
  • encourage employees who are sick to stay home
    • Swollen lymph nodes are a symptom of monkeypox, but other symptoms may include fever, chills, headache, muscle and joint pain and exhaustion.
    • People usually develop symptoms 5 to 21 days after being exposed to the monkeypox virus 

In the case of monkeypox infection or suspected infection
Unfortunately, there has been some stigmatization of people who have contracted the monkeypox virus and this may result in employees being hesitant to disclose information about themselves or their friends or family members.

To help ensure the safety of your workplace you should:

  • encourage employees to inform you if they are undergoing testing for monkeypox, particularly if there has been contact with others at the workplace and
  • encourage employees to inform you if they have a sick family member at home with monkeypox

As with all disclosures of personal medical information you should also assure employees that all information is confidential.

If an employee shows up ill 
Employees who show up in the workplace appearing to have symptoms should be separated from other employees and/or, if appropriate, sent home without delay.

If employee informs you that s/he or a family member at home is undergoing testing for monkeypox.
You should exercise reasonable precautions to assure the safety of other workers and of the workplace in general. Assessing the risk will include considering whether the employee is in close contact with other workers. 

It may be reasonable to require the employee to undergo testing for monkeypox if this is recommended by public health officials.  You can find your local Public Health Unit on this Government of Ontario web page:
https://www.health.gov.on.ca/en/common/system/services/phu/locations.aspx

If an employee refuses to work because of safety concern 
As with COVID-19, this will be a case-by-case determination. In these cases, key legal considerations for employers will be occupational health and safety legislation, employment standards legislation and public health guidance from reputable sources.

I hope you find this information helpful. Please contact me for assistance working through your staffing matters.

Policy on electronic monitoring to be in place by October 11, 2022

August 3, 2022

Policy applies to employers of more than 25 people in Ontario

As I advised on February 24, the government of Ontario announced the introduction of a requirement for employers of more than 25 people to tell their workers if and how they are being monitored electronically.

The requirement was added to the Employment Standards Act, 2000 (ESA) on April 11, 2022 and the government has now provided guidance for employers.

This requirement applies only to businesses and organizations that employ 25 or more employees in Ontario on January 1 of any year.

For those organizations with 25 or more Ontario employees on January 1, 2022 there is a special rule that applies in this first year for a written policy on the electronic monitoring of employees to be in place by October 11, 2022.

A copy of the policy must be provided to employees within 30 calendar days of being prepared or revised, and if the employee is a new hire, within 30 days of hire.

Determining number of employees

The number of employees is the number employed in Ontario on January 1, 2022.

The employer must count the individual number of employees, not the number of “full-time equivalents.” Part-time employees and casual employees each count as one employee, regardless of the number of hours they work.

Where an employer has multiple locations, all employees employed at each location in Ontario must be included when determining whether the 25 employee threshold has been met.

If your business or organization does meet this 25 employee threshold, or you believe is close to the threshold, the full guidance for the definition of “employee” for these purposes can be found on this page of the government of Ontario website:

https://www.ontario.ca/document/your-guide-employment-standards-act-0/written-policy-electronic-monitoring-employees

General guidance

The policy should apply to all employees though different provisions may apply to different employees if desired.

The policy must include:

  • A statement on whether an employer engages in electronic monitory of employees or if an employer does not electronically monitor employees, the policy must specifically state this;
  • A description of how and in what circumstances an employer may electronically monitor employees;
  • The purposes for which the information obtained through electronic monitoring may be used by an employer;
  • The date the policy was prepared; and
  • The date any changes were made to the policy.

The requirement to introduce the policy does not establish a right for employees not to be electronically monitored by their employer, nor does it create any new privacy rights for employees.

The policy does not affect or limit an employer’s ability to use information obtained through the electronic monitoring of its employees in any way it sees fit. An employer is required to state in its written policy the purposes for which it may use information obtained through electronic monitoring.

I hope you find this information helpful.

Please contact me if you have questions about whether the number of employees in your organization meets the threshold, or for assistance or further details on the drafting and implementation of the required policy.

COVID-19 vaccine now available for children under five

July 25, 2022.

The Ontario Deputy Premier and Minister of Health has announced that parents and caregivers of children aged six months to under five years will be able to book appointments for the paediatric COVID-19 vaccine as of As of 8:00 a.m. on Thursday, July 28, 2022. 

Immunocompromised youth aged 12 to 17 will also become eligible to schedule their second booster dose (fifth dose) if at least six months have passed since their first booster (fourth dose).

Appointments will be available through the COVID-19 vaccination portal and the Provincial Vaccine Contact Centre, directly through public health units using their own booking system, participating primary care providers and paediatricians, as well as at participating pharmacies and Indigenous-led vaccination clinics.

Click here »» to read the full announcement.

The announcement also notes that the government has extended the COVID-19 Worker Income Protection Benefit to March 31, 2023. Eligible workers can receive up to $200 a day for up to three days if they need to get tested, vaccinated, receive booster shots, self-isolate, or care for a family member who is ill from COVID-19.   

The government will continue to reimburse eligible employers for the paid leave days under the program.Please contact me with any questions you may have or for assistance working through your staffing matters.

All Ontarians 18+ now eligible for fourth doses of vaccine, rapid tests available for workplaces up to December 31

July 13, 2022

The Deputy Premier and Minister of Health today announced that fourth doses of the COVID-19 vaccine will be available to all Ontarians over the age of 18 starting on Thursday, July 14, 2022.

Second booster doses are being offered at an interval of five months after an individual receives their first booster dose.

In addition, the availability of free rapid antigen tests for workplaces has been extended to December 31, 2022.

The tests will also be available free to the general public through channels like grocery stores and pharmacies and to schools, hospitals, long-term care and retirement homes and other congregate settings. 

The Deputy Premier notes that most individuals aged 18 to 59 years old will continue to have strong protection more than six months after their first booster dose, but “expanding second booster dose eligibility will ensure that Ontarians can make an informed decision based on their personal circumstances.”

Starting on Thursday, July 14 at 8:00 a.m., eligible individuals will be able to book their fourth dose appointment:

  • through the COVID-19 vaccination portal 
  • by calling the Provincial Vaccine Contact Centre at 1-833-943-3900
  • directly through public health units that use their own booking systems
  • through Indigenous-led vaccination clinics  and 
  • at participating pharmacies

Click here »» to read the full announcement

I hope you find this information helpful. Please contact me for assistance working through your staffing matters.

New Ontario Cabinet

June 27, 2022

Last week Ontario Premier Doug Ford announced the government’s new cabinet and my client Sussex Strategy Group has again kindly agreed to let me provide you with their outline and analysis of what it may mean for the province moving forward.

The Hon. Monte McNaughton, the the MPP for Lambton—Kent—Middlesex, became Minister of Labour, Immigration, Training and Skills Development in June of 2019 and returns to that position with an expanded role. He has Immigration added to his portfolio. Previously, Immigration and Citizenship had a standalone minister, and the position was held by Parm Gill.

The major changes to the cabinet, including new ministers and portfolios, are outlined below in the Sussex analysis and there is a link for the entire cabinet list.
 
Sussex is an experienced and highly respected government relations firm that offers strategic and consulting services. I find their reports informative and insightful, and I hope you will also.

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

Premier Doug Ford Announces New Cabinet

Today, Doug Ford and the members of his new Cabinet were sworn in by the Honourable Elizabeth Dowdeswell, Lieutenant-Governor of Ontario. The Premier’s new Executive Council has grown to 30 members, up three from 27 in the last term. The slightly larger contingent is in part reflective of the larger majority the PCs acquired in the June election, with 83 seats and more caucus members to choose from. The new Cabinet includes seven women – down from nine in the previous government – as well as seven people of colour and six newly elected MPPs.

Although much of the Premier’s Cabinet remains the same, some big changes to the front and back benches have been made, with the appointment of a new Minister of Health, the creation of a women’s issues portfolio, and tasking six newly elected MPPs with ministerial duties.

Sylvia Jones is the incoming Minister of Health, replacing Christine Elliott, who decided not to run in this election, while Stephen Lecce remains in his position as the Minister of Education. Health and Education remain two important portfolios for Premier Ford as these ministries oversee the two largest budget lines; the government is planning on spending billions in hospital infrastructure and will soon begin contract negotiations with the teacher unions.

Peter Bethlenfalvy remains in his post as the Minister of Finance, providing continuity and stability in this critical role.

Based on the priorities that were laid out in the PCs’ 2022 Budget that was introduced but not passed before the election, ministries overseeing transportation and infrastructure projects will also be important to the Premier as the government pursues its plans to build highways and transit projects.

Steve Clark returns as the Minister of Municipal Affairs and Housing, where he will continue to implement recommendations from the Housing Affordability Task Force, build 1.5 million homes over the next 10 years, and address the increasing cost of housing in Ontario. A new junior Cabinet role – Associate Minister of Housing – will be filled by Michael Parsa, who will help Minister Clark with the portfolio.

Todd Smith remains in his role as the Minister of Energy where he will carry on with work to address supply needs and invest in new energy infrastructure in Ontario. Vic Fedeli returns as Chair of Cabinet and Minister of Economic Development, Job Creation and Trade where he will continue with the province’s post-pandemic economic recovery and promote Ontario as an economic hub to attract more jobs and manufacturing skills.

Re-elected Mississauga—Streetsville MPP Nina Tangri is not returning to Cabinet as there is speculation she might run for Speaker of the House, potentially replacing re-elected MPP Ted Arnott who has held the post since 2018. Tangri served as the Associate Minister for Small Business and Red Tape Reduction in the last term.

Other members not reappointed to Cabinet include re-elected MPP Lisa MacLeod who was the Minister of Heritage, Sport, Tourism and Culture Industries and re-elected MPP Ross Romano who served as the Minister of Government and Consumer Services 

Click here »» to read more and the full Cabinet list

Most masking requirements to be lifted June 11

June 10, 2022

Dr. Kieran Moore, Ontario’s Chief Medical Officer of Health, announced in a statement this week that most masking requirements in the province will expire as of 12:00 a.m. on Saturday, June 11.

He also stated that “While masking requirements are expiring, organizations may implement their own policies.“

Numerous clients have asked me about this aspect of the announcement.

As I have advised in previous emails, 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.

My clients in the public health sector tell me that the virus is still prevalent and contagious and they continue to predict an upsurge in the fall.

Other clients have indicated that it is difficult to manage their business as staff continue to be off work sick, and in many sectors clients are experiencing difficulty in recruiting workers.

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.

Click »» here to read Dr. Moore’s full statement

I hope you find this information helpful. Please contact me for assistance working through your staffing matters.

WSIB doubling rebates for businesses with fewer than 99 employees

June 7, 2022W

The Workplace Safety and Insurance Board of Ontario (WSIB) announced yesterday that it is doubling the rebate for small businesses (under 99 employees) that are enrolled in its Health and Safety Excellence Program.

The Program connects Ontario businesses with approved providers in their industry or community who help design a plan based on 36 available health and safety topics. 

For each topic completed and validated, businesses can earn a rebate on their WSIB premiums. This new incentive doubles those rebates.

In the announcement, WSIB President and CEO Jeffery Lang said “I hope every entrepreneur out there is listening and checks out how they can benefit from this program. Any small business can now earn their entire premium back simply by prioritizing health and safety.”

You can find out more about the program and rebates and sign up directly at wsib.ca/healthandsafety.

The full news release and details are below. I hope you find this information helpful. Please contact me for assistance working through your staffing matters.

NEWS RELEASE

WSIB doubles rebates for smaller businesses enrolled in its Health and Safety Excellence program


Eligible businesses also get $1,000 toward developing their action plan in 2022.

Retroactive double rebate applies for every topic completed since March 2020

KITCHENER, June 6, 2022

The Workplace Safety and Insurance Board (WSIB) is sweetening the incentives for smaller businesses with fewer than 99 employees to invest in health and safety. A new pandemic bonus will double the rebates eligible businesses can earn for each topic they complete in the WSIB’s Health and Safety Excellence program.

“We know Ontario businesses work to have the safest workplaces anywhere, but many smaller businesses are still recovering from the pandemic,” said Jeffery Lang, President and CEO of the WSIB. “We are stepping up with added incentives to help get more businesses investing in health and safety right now.”

The WSIB’s Health and Safety Excellence program connects Ontario businesses with approved providers in their industry or community who help design a plan based on 36 available health and safety topics. For each topic completed and validated, businesses can earn a rebate on their WSIB premiums. Since 2020, over $21 million in rebates have been issued to Ontario businesses.

The new pandemic bonus for smaller businesses will:

  • double the rebate for topics completed in 2022
  • retroactively double the rebate for topics completed since March 2020 for eligible businesses who enroll in new topics this year
  • pay an additional $1,000 toward the development of action plans in 2022

When the Health and Safety Excellence program launched in November 2019, there was a cap on rebates with small businesses able to earn up to 75% of their premium back. Now that cap is also being removed.

“We are firmly planting our stake in the ground to say we’re serious about helping small business to develop and implement strong health and safety programs in Ontario,” said Rod Cook, Vice President of Workplace Health and Safety Services at the WSIB.

Lang toured Kitchener Waterloo construction company SG Cunningham, a Health and Safety Excellence program member, to see first-hand how the program is helping smaller businesses.

“The Health and Safety Excellence program has helped us build out our own program while earning premium rebates,” said Beverley Cunningham, VP Health and Safety and Communications at SG Cunningham. “I think this added incentive will get more businesses like ours into the program which should ultimately mean fewer injuries. That’s the goal.”

“Any small business can now earn their entire premium back simply by prioritizing health and safety,” said Lang. “I hope every entrepreneur out there is listening and checks out how they can benefit from this program.”

Businesses can learn more about the program, rebates, and sign up directly at wsib.ca/healthandsafety.

Analysis of Ontario Provincial Election from Sussex Strategy Group

June 6, 2022

One of my clients, Sussex Strategy Group, has again kindly agreed to let me provide you with one of their analyses, this one of last week’s Ontario election.

Sussex is an experienced and highly respected government relations firm that offers strategic and consulting services. I find their reports informative and insightful, and I hope you will also.

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

Ontarians Said Yes:
Doug Ford Leads PC Party to Second & Bigger Majority Mandate

The popular wisdom is that campaigns matter. And yet, last night’s outcome rarely seemed in doubt.

The Doug Ford-led Progressive Conservatives were in a strong position to reform government at the start of and throughout this election campaign. And when all was said and done, Doug Ford has been re-elected as Premier of Ontario and the PCs have grown their majority from 76 seats (when they were elected in 2018) to 83 seats. The PCs were also able to slightly grow their share of the popular vote from about 40.5 per cent in 2018 to just under 41 per cent this time around. 

Click here to »» Read the full Sussex Strategy Group analysis

Webinar: Disconnecting From Work Policy

May 20, 2022

Further to my post of March 31 regarding the passing of Bill 27, Working for Workers Act, 2021 and the “Disconnecting From Work Policy” covered in the legislation, I recently co-presented a webinar on the subject at the invitation of Addiction and Mental Health Ontario, Children’s Mental Health Ontario and Canadian Mental Health Association Ontario Division.

The webinar can be viewed at this link. No password or special software is required.
https://us02web.zoom.us/rec/play

I would like to thank Karen Cook of AMHO and Sandani Hapuhennedige of CMHO for the opportunity to present this webinar and to thank my co-presenter Irene Lis of Aligned People Strategies. I hope you find it informative.

Click here »» to view the March 31 post, which includes guidance on constructing your own Work From Home Policy as well as a downloadable template.

Please contact me if you require assistance in preparing a policy for your organization.

Analysis of Provincial ‘Budget’ from Sussex Strategy Group

April 29, 2022

Yesterday the Honourable Peter Bethlenfalvy, Ontario’s Minister of Finance, delivered what is billed as Ontario’s 2022-2023 Budget, although it will not be passed into law at this time due to the Writ for the provincial election set to be issued next Wednesday, May 4.

As I have done in the past, I am forwarding to you an analysis from one of my clients, Sussex Strategy Group. As they note in their preamble to the analysis, while the plan presented is not technically the Budget, “it is an important document for the future of Ontario and should be carefully reviewed by those with an interest in the Ontario government or Ontario politics.”

Sussex is an experienced and highly respected government relations firm that offers strategic and consulting services. I find their reports and analyses informative and insightful, and I hope you will also. They have kindly agreed to let me provide this to you.As always, please contact me with any employment questions you may have or for assistance working through your staffing matters.

Ontario Budget 2022 Analysis:
The Campaign (Un)Officially Begins

Question: When is an Ontario Budget not a Budget?

Answer: When, for all intents and purposes, it acts as an election platform and unofficially launches an election campaign.

This afternoon the Honourable Peter Bethlenfalvy, Ontario’s Minister of Finance, delivered what is billed as Ontario’s 2022-2023 Budget; but in reality, it serves as the basis of the Ontario PC Party’s campaign platform. Titled “Ontario’s Plan to Build”, the 241-page document is broken down into five sections (excluding the fiscally-focused chapters):

  • Rebuilding Ontario’s Economy
  • Working for Workers
  • Building Highways and Key Infrastructure
  • Keeping Costs Down
  • A Plan to Stay Open

This Budget also will not be passed into law…at least not at this time.

With the writ set to be issued next Wednesday (May 4), officially launching the election campaign, there simply is not sufficient time for the legislation implementing this Budget to go through the requisite hours of debate and Legislative Committee hearings for it to pass Third Reading and receive Royal Assent prior to the election.

To be clear, today’s Budget is an important document for the future of Ontario and should be carefully reviewed by those with an interest in the Ontario government or Ontario politics. The main debates about this Budget will take place on the campaign trail. And with current polls showing a strong likelihood that the PC Party will return to power on June 2, today’s Budget – or something modelled on this document (see more about this below) – is likely to be passed at some point.

Click here »» to view or download the complete Sussex Strategy Group analysis