CASUAL LEGAL: Occupational Health and Safety Concerns as Employees Return to Work

Occupational Health and Safety Concerns as Employees Return to Work

By Jenna Chamberlain

Reynolds Mirth Richards Farmer LLP

AMSC Casual Legal Service Provider

Alberta has started to reopen and workplaces are welcoming employees back into offices and shared workspaces. Employers should be aware of the relevant occupational health and safety concerns and obligations.

The Government of Alberta has released occupational health and safety information specifically related to COVID-19. In these bulletins, the Government of Alberta reminds employers that they continue to be bound by the Occupational Health and Safety Act and there are specific obligations which arise in response to COVID-19.

Employers have an obligation to review their workplace hazard documents. If these documents do not contain information specific to viral hazards, they should be revised to include information about controlling or eliminating risks associated with exposure to viruses. Employers should consider the current rules and public health orders in place when reviewing and revising their workplace hazard documents.

There is an obligation to inform employees of the health hazards associated with COVID-19 which they could face at work and provide training on the procedures in place to minimize exposure to the virus. As part of this obligation, employers can ask employees to sign a form confirming they understand the risks and procedures. However, a signature alone is not sufficient. The employer must ensure employees understand the form they are signing and have been provided with an opportunity to ask questions.

In the following circumstances, an employer must conduct an internal investigation and send a report to Alberta Occupational Health and Safety:

• A worker is confirmed to have COVID-19 and the employer has reason to believe that the exposure occurred at work;
• A worker is exposed to a confirmed or suspected case of COVID-19 and the work site did not follow the rules, procedures and guidance, or the COVID-19 controls in place failed; or
• Any work site with a confirmed COVID-19 outbreak.

Finally, employers must consider the mental health of their employees. There are many mental health effects caused by COVID-19 and returning to a workplace with other employees. It is impossible for employers to have complete control over COVID-19 and the stressors it causes. However, the Government of Alberta suggests it is important to communicate and show commitment to the mental and physical health of employees. Creating and following procedures to protect the physical health of employees will also protect the mental health of employees.

To access AMSC’s Casual Legal Helpline, AUMA members can call toll-free to 1-800-661-7673 or email casuallegal [at] amsc.ca (casuallegal[at]amsc[dot]ca) and reach the municipal legal experts at Reynolds Mirth Richards and Farmer LLP. For more information on the Casual Legal Service, please contact riskcontrol [at] auma.ca (riskcontrol[at]auma[dot]ca), or call 310-AUMA (2862) to speak to AUMA’s Risk Management staff. Any Regular or Associate member of the AUMA can access the Casual Legal Service.

DISCLAIMER: This article is meant to provide information only and is not intended to provide legal advice. You should seek the advice of legal counsel to address your specific set of circumstances. Although every effort has been made to provide current and accurate information, changes to the law may cause the information in this article to be outdated.