Effective September 26, 2020, Ontario amended its Rules for Areas in Stage Three, a government regulation that lays out requirements for businesses during the current phase of the provincial reopening process.
Perhaps the most important amendment was the following: “[t]he person responsible for a business or organization that is open shall operate the business or organization in compliance with the advice, recommendations and instructions issued by the Office of the Chief Medical Officer of Health on screening individuals.”
In tandem with this legislative update, Ontario instituted a requirement that employers must now screen workers before the start of each shift using a series of screening criteria. Such screening includes questioning employees regarding potential COVID-19 symptoms, possible exposure to individuals who may have tested positive for the virus, and recent international travel. Any worker who fails the screening process is to be denied access to the workplace, directed to self-isolate and told to contact their health care provider or Telehealth Ontario.
To assist employers with their new screening obligations, the Government of Ontario has produced a COVID-19 Screening Tool for Workplaces (Businesses and Organizations). Ontario employers should provide a copy of this screening tool to all workers at the earliest opportunity. Thereafter, before the start of each worker shift, employees should complete the screening test. In turn, employers should take care to securely record and store the results of COVID-19 screening going forward. It may later be necessary to furnish these records if contacted by local public health units and/or the Ministry of Labour.
Note that the COVID-19 screening requirements apply only to workers and essential visitors (e.g. delivery or maintenance persons, etc.); customers are exempt. That said, as a best practice, employers should consider screening all persons visiting business premises for possible COVID-19 exposure and risk factors prior to allowing entry.
If you have any questions about Ontario’s new COVID-19 worker screening requirements, contact one of our employment lawyers for legal advice specific to your circumstances.
Vey Willetts LLP is an Ottawa-based employment and labour law firm that provides timely and cost-effective legal advice to help employees and employers resolve workplace issues in Ottawa and across Ontario. 613-238-4430 or info@vwlawyers.ca