Management Guide During A Pandemic: What you need to know about managing staff during COVID-19
Part 1: FAQs including taking staff temperature, implementing preventative safety measures, changes to legislation, temporary lay-offs and how to complete a Record of Employment.
On April 14, the Ontario government extended the Declaration of Emergency under the Emergency Management and Civil Protection Act (the “Act”) for a further 28 days. The Declaration of Emergency will now be in effect until May 12, 2020.
During these uncertain times, we will be sharing information to help you manage your people remotely. In this series, we cover commonly asked questions related to workplace concerns.
1. If our workplace is deemed an essential service, can we take our staff’s temperature to check for fever before they start their shift?
The simple answer is yes, you can take your staff’s temperature, however, we advise that you use caution should you consider this option. A fever is only one symptom of COVID-19 and it may not present itself in all cases. On the other hand, people may have COVID-19 without having a fever so it may not be a reliable marker.
Here are some other considerations before you proceed with this option:
Thermometers could be faulty and provide inaccurate readings
Will you hire a medical professional to administer temperature checks?
If you check the temperature of staff before their shift, this may cause delays and line-ups which may interfere with the physical distancing requirements of two meters
What will you do if an employee has a fever? Will you send them home immediately? Will you send home every person they had contact with? What happens if their colleagues see them sent home and they are stigmatized when they return to the workplace?
What will you do with the medical information that you collect? How will safely store the private data?
How will you get consent from staff to take their temperatures? What if staff do not consent?
It’s important to develop workplace preventative strategies as part of a full review including other workplace hazards. We recommend categorizing the types of hazards and then develop roles, responsibilities, and specific actions (types of controls needed, required training, etc.) so you are ready with an action plan.
Sample health & safety action plan form
2. My workplace is deemed an essential service, what safety measures should we consider implementing?
Under the Ontario Health & Safety Act (OHSA), an employer has a general duty to take every precaution to protect workers. We have provided some advice below for your consideration. Please keep in mind that introducing any new protective measures should be done as part of a full review of other workplace hazards, not just COVID-19 alone.
Provide Personal Protective Equipment (PPE) such as gloves, uniforms to wear during shift, masks/face shields/goggles etc. should be provided. Keep in mind that PPE is only effective if worn correctly. Workers need PPE training that includes the fit, use, care, maintenance, cleaning and limitations of the PPE
Provide cleaning agents and require staff to clean their stations after their shift
Rearrange the workplace to maximize physical distancing requirements (2 metres)
Set floor markings with tape so physical distancing requirements are visible to staff
Limit the number of people in any given area. You may want to consider creating a schedule of reduced staff to enable physical distancing, implement job rotation by allocating a certain number of staff to perform specific duties at a time like working at desks, limit the number of people in a room (lunch room), and change in-person meetings to virtual meetings
Restrict entry/exit points
Conduct risks assessments and monitor on a regular basis
Employees have the option to take the self-assessment tool
Employers should consult with their Joint Health and Safety Committees/Health and Safety Representatives in the workplace on measures to protect workers in the workplace
Develop guidelines and communicate them to staff e.g. hand washing guidelines
We recommend that you review your preventative measures on a regular basis and change them if they are not working or cause other issues.
Physical distancing fact sheet
3. If my business is not deemed an essential service, can I still have staff go into the office?
No, you cannot perform work or provide services in the physical brick and mortar. The Ontario government has mandated the closure of all non-essential workplaces. However, you can continue to operate your business if you’re able to do so remotely.
4. Are there changes to employment legislation that I need to know about?
Yes, there have been changes to the Employment Standards Act (ESA) with a new protected job leave (Infectious Disease Emergencies).
The Ontario government has passed emergency legislation to provide unpaid, job-protected leaves of absence for employees unable to work for the following reasons:
The employee is under medical investigation, supervision or treatment for COVID-19
The employee is acting in accordance with an order under the Health Protection and Promotion Act
The employee is in isolation or quarantine in accordance with public health information or direction
The employer directs the employee not to work due to a concern that COVID-19 could be spread in the workplace
The employee needs to provide care to a person for a reason related to COVID-19, such as a school or daycare closure
The employee is prevented from returning to Ontario because of travel restrictions
Additional notes:
The duration of the leave lasts as long as the employee needs it. Currently, there is no time limit specified in the legislation
Employers can ask for reasonable proof of the need for the leave, but not a medical note
The leave is retroactive to January 25, 2020
5. If my workplace is deemed an essential service and I have an employee that refuses to come into work, what should I do?
We recommend that you review work refusals on a case by case basis. Under the Ontario Health & Safety Act (OHSA), employers are required to take every precaution to ensure the health and safety of their workers.
Under OHSA and the Canada Labour Code, workers can refuse to perform work if they reasonably believe it is likely to endanger themselves or others.
Under normal circumstances, there are specific steps to address a work refusal in the workplace.
Work refusal steps:
1. Worker may refuse to do work
2. Worker must report the concern to their employer
3. Employer must investigate in the worker’s presence (usually with a member of Joint Health and Safety Committee)
4. Employer must remedy unsafe conditions/advise employee to do the work
5. If refusal continues, Minister/Ministry of Labour must be notified
We advise that you encourage your staff to share information with you so that you can understand their concerns. You may believe the workplace is safe for them but there may be information that the employee is withholding or not comfortable sharing such as a medical condition. For example, if you have an employee who has a medical condition that compromises their immune system, they are at a greater risk than other staff. In this situation, there may be protective grounds under the Human Rights Code that you need to consider e.g. disability as part of your review.
They also have the option of taking the new Infectious Disease Emergency leave.
6. I am considering temporarily laying-off staff. What do I need to know and how do I complete the Record of Employment?
In general, employers reserve the right to temporarily lay-off employees. It’s important to note that, even if the lay-off is intended to be temporary, it may result in constructive dismissal if it is not allowed by the employment contract.
The Employment Standards Act (ESA) outlines the allowable lay-off period. If an employee is laid off for longer than the allowed period, the employer is considered to have terminated the employee’s employment. Generally, the employee will then be entitled to termination pay.
Under the ESA, a lay-off can last:
Up to 13 weeks in a 20-week period
Up to 35 weeks in a 52-week period in certain circumstances
For as long as stated in the Collective Agreement (if applicable)
If you are considering lay-offs, you can follow these guidelines to complete the Record of Employment(ROE):
An employee is sick or quarantined: code D (Sick)
An employee is no longer working due to a shortage of work because the business has closed or decreased operations due to COVID-19: No longer working – code A
An an employee chooses to use the new Infectious Disease Emergencies leave then select the Leave of absence option – code N
An employee voluntarily resigns from the company - code E. We caution using this code in circumstances where an employee refuses to come into work but is not sick. It may jeopardize their eligibility for Employment Insurance.
In our next article, we will provide you with helpful tips to consider when developing work from home guidelines.
Need help managing staff during a global pandemic? Get in touch via hello@mondaymorning.ca
About us: At Monday Morning, we are a team of HR consultants in the Toronto area supporting businesses with their HR needs. With over 15 years of experience, we provide expert HR advice, build people and culture programs for some of the best workplaces, and develop customized solutions to meet your needs. We take the worry out of HR so you can focus on your business
