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Ontario updates rules on job postings and more
Ontario has announced effective dates and supporting regulations for a number of workplace legislation changes adopted earlier this year.
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Canada | Publication | October 1, 2020
New screening recommendations and other changes to the province’s Stage 3 rules are now in effect for provincially regulated employers in Ontario. While the extent to which the new screening recommendations are mandatory for all Ontario employers remains unclear, the government has strongly indicated that they should be followed province-wide. These measures include a list of questions that should be asked before a worker or essential visitor is allowed entry to the physical workplace.
On September 26, amendments to O’Reg 364/20: Rules for Areas in Stage 3 (Regulation) came into force. In a press release issued on September 25, 2020, the Ontario government explained that the amendments to the Regulation are intended to “reduce the risk of transmission, and limit future outbreaks of COVID-19.” Specifically, the amendments to the Regulation:
New Screening Tool for Workplaces in Ontario
In the Ford government’s press release, the term “recommendations” is hyperlinked to the Ministry of Health’s Screening Tool for Workplaces (Businesses and Organizations). This tool provides basic information only and contains recommendations for businesses or organizations for COVID-19 screening under the Regulation. Specifically, it contains:
In addition, employers should take careful note that:
Who to screen?
Q&A screening should apply to:
Q&A screening does not apply to:
Q&A screening recommendations may not apply to:
When to screen?
The tool directs employers to screen workers before they are permitted entry to the physical workplace, at the beginning of their day or shift. Screening also applies to essential visitors when they arrive.
The tool does not specify whether or not the same employees should be subject to screening every time they enter the workplace. That said, the tool does state that it “may be adapted based on need and the specific setting.”
Certainly, all employers are strongly recommended to apply the new screening measures if they are not already required to do so under the OHSA, and they are free to adapt them to meet the realities of their workplace.
While the implementation of screening measures in the workplace may seem obvious to some, there are some aspects to this exercise that the Regulation falls short of addressing. For example, the recommendations do not include any guidance on whether employees can be required to answer the screening questions, and what consequences could be appropriate should an employee refuse to do so. Moreover, apart from establishing seemingly “minimal standards” on Q&A screening measures for Ontario employers, the Regulation does not currently contemplate the implementation of any additional forms of screening measures, like temperature taking or COVID-19 testing.
Depending on how Ontario fares during this officially declared “second wave of COVID-19,” Ontario’s health authorities may very well be issuing further advice, instructions or recommendations under the Regulation in the coming weeks and months. It will be important for employers in Ontario to carefully monitor potential government guidance and announcements in this regard, keeping in mind that changes to Stage 3 rules can happen quickly, with a limited head’s up.
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Ontario has announced effective dates and supporting regulations for a number of workplace legislation changes adopted earlier this year.
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