In November, the Government assigned approximately 200 by-law officers to visit businesses in targeted areas, including Peel, Waterloo Region, York, and Toronto, to enforce safety protocols. To avoid the hefty fines and penalties, make sure that your business is in compliance with public health and safety requirements.
On September 25, 2020, Ontario introduced the COVID-19 “Screening Tool” for workplaces. It includes a minimum set of questions that must be asked by employers to employees and essential visitors on each day they come to work, beginning on September 26, 2020.
This Screening Tool requires that employers ask:
- Whether the employee has any of the following new or worsening symptoms or signs:
- Fevers of chills
- Difficulty breathing or shortness of breath
- Cough
- Sore throat, trouble swallowing
- Runny nose/stuff nose or nasal congestion
- Decreased or loss of smell or taste
- Nausea, vomiting, diarrhea, abdominal pain
- Not feeling well, extreme tiredness, sore muscles?
- Whether the employee has travelled outside Canada in the past 14 days?
- Whether the employee has had close contact with a confirmed or probable case of COVID-19?
If the employee answers “No” to all 3 questions, they can enter the workplace. If they answer “Yes” to any of the questions, they should be advised that they cannot enter the workplace and should self-isolate. Additionally, their healthcare provider or Telehealth Ontario should be called. Any individual who declines to complete the questionnaire should also be refused access.
Although many employers were already conducting screening voluntarily, this new legislation makes failure to screen as directed punishable by charges and/or sizeable fines. Completed screening forms should be kept on file and may protect employers against liability in the event of a workplace outbreak.
Jessica Gahtan is the 2020/2021 Articling Student at Goldman Sloan Nash & Haber LLP.
These comments are of a general nature and not intended to provide legal advice as individual situations will differ and should be discussed with a lawyer.