COVID Pandemic to Endemic COVID: What Should Employers Do Now?

The Government of Alberta’s recent announcement that most COVID-19 restrictions will be lifted by mid-August, and that Albertans should get used to living with the virus, raises several questions for employers. The lack of ongoing public health regulation does not change the obligations placed on employers to ensure that they are taking reasonable steps to protect the health and safety of their workers.

What does this mean moving forward?

COVID-19 is a Workplace Hazard

First, Occupational Health and Safety (OH&S) has determined COVID-19 is a workplace hazard. This means that employers must review and update their hazard assessments to reflect the changing circumstances. OH&S has issued a guidance document to assist employers in undertaking these revisions, and to provide guidance on the engineering and administrative controls which should be considered in revising hazard assessments.

Helpfully, OH&S recognizes vaccinations as an “engineering control” which is the gold standard for mitigating risks of workplace illness or injury. Employers should review their vaccination policies or consider how vaccination policies may fit into their efforts to reduce the risk of transmission of COVID-19 in the workplace.

Although the right answer depends on the individual workplace, the recognition of vaccines as a way in which employers can protect their workers may provide a stronger justification for employers requiring employees to disclose their vaccination status, or for employers to mandate vaccinations as a condition of continued employment (subject to human rights considerations).

Sick Leave Policies

Second, public heath orders will no longer require symptomatic people, or even people with a confirmed case of COVID-19, to self-isolate. Without being able to rely on the legal requirement for self-isolation, employers must grapple with how to prevent transmission in the workplace when employees can legally come to work sick with COVID-19.

The first step is to review existing policies and procedures relating to sick leaves and (if they exist) pandemic response. Do those policies specifically require employees with certain symptoms or confirmed transmissible illnesses to stay home? Do those policies contemplate disciplinary action if an employee attends work while sick?

Employers must also consider whether sick employees will be given an opportunity to work from home, or whether such employees will be required to access sick leave or accrued vacation leave time if they are prohibited from coming to the workplace. Employees may need to agree to telework arrangements in advance to provide sufficient flexibility to work from home if the need arises.

Policies and procedures should continue to allow the employer to adjust employees’ working conditions, including physical location, physical distancing and the use of personal protective equipment (for example, masking) as a backstop to reduce transmission in the workplace. These measures will likely be needed for many months to come.

Testing

Alberta Health Services (AHS) recently announced that testing clinics will close, and asymptomatic testing will end. Testing will be available in certain circumstances through public health clinics and care centres, and private fee-based testing will remain available.

Where an employee discloses that he or she has been in close contact with a confirmed COVID-19 case, employers will not be able to rely on free asymptotic testing. Where an employer wants to ensure that a potentially infected employee can come back to work, the employer may need to consider sending the employee for private testing. Where the employer requires this testing, the employer will likely be required to pay for associated costs and the time required for an employee to receive testing.

Conclusion

It is now clear that the end of the pandemic restrictions does not signal the end of COVID-19. Employers must prepare to deal with risks presented by the virus in the workplace without being able to rely on government restrictions and public health orders. Given the significant risks for employers, work should begin on these issues now to reduce uncertainty and delay when issues inevitably arise.

Upcoming AUMA Webinar

To support, AUMA, along with our partners from Reynolds Mirth Richards and Farmer LLP, will be hosting a webinar on Monday, August 30 to answer any questions you might have and provide guidance for your return to work planning. Register today.