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.