Question Period Note: SAFE WORK RESTART IN PANDEMIC (WORKPLACE HEALTH AND SAFETY)

As businesses re-open during the COVID-19 pandemic, what are the occupational health and safety considerations to resume operations safely?

• The Labour Program is responsible for enforcing the Canada Labour Code Part II, which concerns occupational health and safety in federally-regulated workplaces. The purpose of Part II is to prevent workplace related accidents and injuries including occupational diseases.
• Employers are required under Regulations to establish a Hazard Prevention Program (HPP) in the workplace to protect the health and safety of their employees while at work.
• Before resuming operations, employers are required to update their HPP to address COVID-19 as a biological hazard in the workplace by assessing the risks and implementing preventative measures in consultation with the Workplace Health and Safety committee or Health and Safety Representative. The employer is also required to train employees on new hazard information, procedures and proper use of personal protective equipment, if provided.
• To assist employers, the Labour Program has made online information and resources available for workplaces as they respond to the COVID-19 pandemic.
• Throughout the pandemic the Labour Program has supported our stakeholders, reminding them of the importance of having an evergreen Hazard Prevention Plan in each workplace, ensuring the full participation of Health and Safety committees or representatives in all health and safety decision-making, and using technology to communicate information to employees. This is aligned with an employees’ fundamental right to know about all hazards in their workplace.
IF PRESSED:
• I encourage all employers to take the necessary steps to ensure that their Health and Safety Committees or Representatives are actively engaged in the development of safe return to workplace plans, and that these plans are widely shared with employees.
• When developing procedures and protocols and implementing preventative measures to mitigate the risks of COVID-19, employers need to ensure they are using reliable sources of information. This is important to ensure they have the most up-to-date information on COVID-19 and are obtaining the appropriate personal protective equipment for their employees that meet specified standards.
• I also want to bring attention to the important work of the Canadian Centre for Occupational Health and Safety who have produced workplace pandemic information resources, tip sheets on various essential Canadian sectors, a workplace risk assessment framework and a pandemic best-practices sharing portal, which are available online.

Canada Labour Code, Part II Overview
• Part II of the Canada Labour Code (Code) applies to private sector employers under federal jurisdiction (including transportation, telecommunications, broadcasting, feed-flour-seed, grain elevators, banking, certain Aboriginal activities, oil and gas, uranium energy and mining sectors), the federal public service, including crown corporations and Parliament.

• Part II of the Code places a general obligation on the employer to protect the health and safety of employees while they are working, as well as non-employees (e.g. contractors or members of the public) who are granted access to the workplace.

• Regardless of Occupational Health and Safety (OHS) jurisdiction, all employees in Canada have the same three fundamental rights; the right to know about the hazards present in their workplaces; the right to participate in decisions regarding their health and safety at work; and the right to refuse work that they have reasonable cause to believe is a danger to themselves.

• Employers are required under the Regulations supporting Part II of the Code to have a Hazard Prevention Program (HPP) in place to protect employees. The HPP is a workplace-specific program designed to prevent work-related injuries and diseases and are prepared as a response to hazards identified in the workplace. The process involves identifying and assessing hazards, developing and implementing preventive measures and monitoring the program in consultation with the Workplace Health and Safety Committee, Policy Committee or Health and Safety Representative.
• Before resuming operations, employers are required to establishing protocols and controls within the workplace HPP to address hazards and risks associated with COVID-19 and take into account any public health orders in their jurisdiction. Any changes to the HPP must be done in consultation with the Workplace Health and Safety Committee, Policy Committee, or Health and Safety Representative.
• Examples of protocols and controls could include:
o implementing recommendations by public health such as: physical distancing, handwashing protocols, cleaning protocols in the workplace, or wearing a non-medical mask when it is not possible to maintain a 2-metre physical distance from others;
o implementing public health orders such as wearing a non-medical mask in public indoor spaces in some jurisdictions or restricting the size of group gatherings;
o providing personal protective equipment (PPE) as needed and training employees on how to use and safely dispose of PPE; and
o decontaminating the workplace, suspending operations temporarily and notifying employees of the possible hazard while maintaining confidentiality if a person with symptoms of COVID-19 was present in the workplace.
• Resources to assist employers to update their HPP include:
o Public Health Agency Canada’s (PHAC) risk mitigation tool for workplaces/businesses operating during the COVID-19 pandemic and other useful resources to reduce the spread of the virus;
o The Labour Program’s published on-line resources for federally-regulated employers and employees, including roles and responsibilities, reporting requirements, information and guidance related to the COVID-19;
o Canadian Centre for Occupational Health and Safety’s (CCOHS) workplace pandemic information resources, including tip sheets for different sectors which contain recommendations about employer and employee responsibilities, facility maintenance and sanitation, health monitoring, work procedures, PPE and mental health and wellness; and
o Other sources of information available regarding COVID-19 mitigation measures. Employers need to ensure they are using reliable sources of information when updating their procedures, protocols and obtaining PPE for their employees to use. For example, there are suppliers selling counterfeit masks that do not meet prescribed standards in our Regulations or equivalent standards accepted by Health Canada.

• Employee responsibilities include following safety procedures, using PPE (as required), reporting safety hazards and issues to management and following the expert advice provided on the PHAC website. If an employee exhibits symptoms, the employee should stay home and self-isolate until they have recovered.
• An employer can ask employees to report if they are exhibiting symptoms of COVID-19 in the workplace. The employer can ask employees if they are undergoing COVID-19 testing and results if the employee was present in the workplace when potentially infected. If personal medical information is collected, it must be protected and disclosed in accordance with the requirements of the Privacy Act or Personal Information Protection and Electronic Documents Act.
• Whenever an employer is made aware of an employee testing positive for COVID-19, they are required to appoint a qualified person to conduct a hazardous occurrence investigation to determine if the exposure can be tracked back to the workplace or occurred in the course of employment, notify the workplace health and safety committee or representative of the hazardous occurrence and name of the qualified person and take necessary measures to prevent recurrence of the hazardous occurrence.
• An employer is required to submit a Hazardous Occurrence Investigation Report (HOIR) to the Labour Program if any employee is confirmed to be infected by COVID-19 and the exposure can be traced back to the workplace or occurred in the course of employment.
• As the COVID-19 situation continues to evolve and more businesses re-open, both employers and employees need to stay informed with the latest information available and follow the expert advice provided by PHAC and the public health authority in their jurisdiction.

• Despite the limitations imposed in response to the pandemic, the Labour Program continues to fulfil its core obligations by carrying out investigations, responding to complaints and providing counselling on the Code requirements, but has suspended any proactive work, such as inspections.

• Due to the hazard posed by the COVID-19 and the Government restrictions on business operations and human movement, the Labour Program has made some adaptations to ensure that employers and employees can continue to work safely and continue to perform normal activities.

• On September 11, 2020, the Minister of Labour signed a Ministerial Order that will temporarily extend the period of validity of first aid certifications that expired between March 13, 2020 and August 31, 2020 by six months or until December 31, 2020, whichever comes first. Since first aid providers are not able to provide the required in-person training and recertification at this time this extension will ensure employers and employees in federally regulated workplaces who were unable to renew first aid certifications during this period can continue to operate.

• An additional Ministerial Order was signed by the Minister of Labour that will temporarily extend the eligible wages period by up to six months in the Wage Earner Protection Program Act between March 13, 2020 and December 30, 2020. This extension will help to ensure any delays in insolvency proceedings resulting from the COVID-19 pandemic do not negatively impact workers’ eligibility for the Wage Earner Protection Program.

• As it is anticipated that Canadian suppliers may not be able to meet the demand for chemical products used for cleaning, Health Canada has put in place an interim policy to facilitate chemical products being imported from the United States. The Labour Program has worked with Health Canada to provide information to stakeholders on differences in WHMIS labelling and Safety Data Sheets requirements for chemical products imported from the United States for use in federally regulated workplaces.

• The Labour Program has also been updating and creating guidance documents to support workplace parties, including:

o AVCs with standard language for the expiration of first aid certificates;
o A Hazard Alert on differences in Workplace Hazardous Materials Information System (WHMIS) labelling and Safety Data Sheet requirements for chemical products imported from the United States for federally regulated work places;
o Temporary amendments to signature requirements on employer reporting forms that recognized the limitations imposed by teleworking;
o Clarifying reporting requirements for situations where COVID-19 is contracted in the workplace;
o Regular emails to employer and employee stakeholders reminding them of the Code requirements, and sharing helpful tools and information that they can use to ensure that their workplace is protected;
o Timely responses to employer and union questions and concerns; and,
o Actively promoting the tools and resources developed by CCOHS.