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EFFECTIVELY DEALING EFFECTIVELY DEALING WITH S.A.R.S. IN THE WITH S.A.R.S. IN THE
WORKPLACEWORKPLACE
Presented by: Presented by:
Sherrard Kuzz Sherrard Kuzz LLPLLP and and
Dr. Neal SuttonDr. Neal Sutton
April 28, 2003April 28, 2003 22
AgendaAgenda Introduction Introduction
What is S.A.R.S.What is S.A.R.S. Medical Considerations for Employers Medical Considerations for Employers
(Dr. Neal Sutton)(Dr. Neal Sutton) The Medical Aspects of S.A.R.S.The Medical Aspects of S.A.R.S. S.A.R.S. in the Workplace: PrecautionsS.A.R.S. in the Workplace: Precautions S.A.R.S. and TravelS.A.R.S. and Travel
April 28, 2003April 28, 2003 33
AgendaAgenda
Legal Considerations for Employers Legal Considerations for Employers (Sherrard Kuzz LLP)(Sherrard Kuzz LLP) Employer’s DutiesEmployer’s Duties Employee BenefitsEmployee Benefits Employee RightsEmployee Rights
Key Tips for EmployersKey Tips for Employers
April 28, 2003April 28, 2003 44
IntroductionIntroduction What is What is Severe Acute Respiratory Severe Acute Respiratory
Syndrome (S.A.R.S.)?Syndrome (S.A.R.S.)? S.A.R.S. is a severe form of pneumonia, S.A.R.S. is a severe form of pneumonia,
accompanied by a fever. Other symptoms accompanied by a fever. Other symptoms of S.A.R.S. include muscle aches, of S.A.R.S. include muscle aches, headaches, and sore throat. A small headaches, and sore throat. A small number of people with S.A.R.S. can become number of people with S.A.R.S. can become severely ill.severely ill.
Currently, the cause of S.A.R.S. is unknown, Currently, the cause of S.A.R.S. is unknown, and no specific agents have been identified.and no specific agents have been identified.
April 28, 2003April 28, 2003 55
Medical Considerations for Medical Considerations for Employers (Dr. Neal Sutton)Employers (Dr. Neal Sutton)
The Medical Aspects of S.A.R.S.The Medical Aspects of S.A.R.S.
S.A.R.S. in the Workplace: S.A.R.S. in the Workplace: PrecautionsPrecautions
S.A.R.S. and TravelS.A.R.S. and Travel
April 28, 2003April 28, 2003 66
Legal Considerations for Legal Considerations for EmployersEmployers
Employer’s DutiesEmployer’s Duties
Employee BenefitsEmployee Benefits
Employee RightsEmployee Rights
April 28, 2003April 28, 2003 77
Employer’s DutiesEmployer’s Duties
Occupational Health and Safety Act Occupational Health and Safety Act (OHSA)(OHSA)
The OHSA imposes a duty on Employers The OHSA imposes a duty on Employers to take reasonable steps to protect the to take reasonable steps to protect the health and safety of its employees and health and safety of its employees and to ensure that the workplace is safe. to ensure that the workplace is safe.
April 28, 2003April 28, 2003 88
Employer’s DutiesEmployer’s Duties
Occupational Health and Safety ActOccupational Health and Safety Act
In the context of S.A.R.S., an employer In the context of S.A.R.S., an employer must consider what measures can be must consider what measures can be reasonably implemented to:reasonably implemented to:
Prevent the introduction of S.A.R.S. in the Prevent the introduction of S.A.R.S. in the workplace; and/orworkplace; and/or
Limit and remove the risks if the workplace Limit and remove the risks if the workplace is exposed to S.A.R.S. is exposed to S.A.R.S.
April 28, 2003April 28, 2003 99
Employer’s DutiesEmployer’s Duties
Safety measures should include the Safety measures should include the implementation of specific safety implementation of specific safety precautions and education.precautions and education.
Consider:Consider: Providing Individual Bottles of Anti-Providing Individual Bottles of Anti-
Bacterial Soap/Gel.Bacterial Soap/Gel.
April 28, 2003April 28, 2003 1010
Employer’s DutiesEmployer’s Duties
Providing Washing Instructions.Providing Washing Instructions. Monitoring for Symptoms of S.A.R.S.Monitoring for Symptoms of S.A.R.S. Education updates to employees with Education updates to employees with
Respect to S.A.R.S., including medical Respect to S.A.R.S., including medical facts, symptoms and precautions.facts, symptoms and precautions.
Restrict Out-Of-Country Travel to High-Restrict Out-Of-Country Travel to High-Risk Destinations.Risk Destinations.
April 28, 2003April 28, 2003 1111
Employer’s DutiesEmployer’s Duties
Require Home Quarantine for Potential Require Home Quarantine for Potential Victims of S.A.R.S.Victims of S.A.R.S.
Instruct and Require Workers to advise Instruct and Require Workers to advise Management of any Potential Exposure Management of any Potential Exposure to S.A.R.S.to S.A.R.S.
Require visitors to fill out screening Require visitors to fill out screening documents.documents.
April 28, 2003April 28, 2003 1212
Employer’s DutiesEmployer’s Duties
Post notices in the workplace directing Post notices in the workplace directing employees to go home if suffering from employees to go home if suffering from any symptoms and notify the Employer any symptoms and notify the Employer immediately.immediately.
Providing Gloves and/or Masks.Providing Gloves and/or Masks.
April 28, 2003April 28, 2003 1313
Employer’s DutiesEmployer’s Duties
HUMAN RIGHTS CODE(OHRC)HUMAN RIGHTS CODE(OHRC)
An Employer must ensure that An Employer must ensure that discrimination and/or harassment on the discrimination and/or harassment on the basis of a prohibited ground, does not basis of a prohibited ground, does not occur in the workplace.occur in the workplace.
April 28, 2003April 28, 2003 1414
Employer’s DutiesEmployer’s Duties
HUMAN RIGHTS CODEHUMAN RIGHTS CODE
In the circumstances of S.A.R.S., the mostIn the circumstances of S.A.R.S., the most
relevant prohibited grounds are likely to relevant prohibited grounds are likely to be:be:
DisabilityDisability Place of originPlace of origin RaceRace AncestryAncestry
April 28, 2003April 28, 2003 1515
Employer’s DutiesEmployer’s Duties
Avoiding S.A.R.S. Related Violations Avoiding S.A.R.S. Related Violations of the OHRCof the OHRC Employers must not discriminate against Employers must not discriminate against
employees because they, or their family employees because they, or their family members, may have contracted S.A.R.S. members, may have contracted S.A.R.S. or have visited, or came from, countries or have visited, or came from, countries that are S.A.R.S. hotspots.that are S.A.R.S. hotspots.
April 28, 2003April 28, 2003 1616
Employer’s DutiesEmployer’s Duties
Avoiding S.A.R.S. Related Violations Avoiding S.A.R.S. Related Violations of the OHRCof the OHRC Employers must not harass employees Employers must not harass employees
through use of threats, insults, probing through use of threats, insults, probing and personal questions that arise solely and personal questions that arise solely because the employee, or their family because the employee, or their family members, may have contracted S.A.R.S. members, may have contracted S.A.R.S. or have visited, or came from, countries or have visited, or came from, countries that are S.A.R.S. hotspots.that are S.A.R.S. hotspots.
April 28, 2003April 28, 2003 1717
Employer’s DutiesEmployer’s Duties
Avoiding S.A.R.S. Related Violations Avoiding S.A.R.S. Related Violations of the OHRCof the OHRC Employers must avoid, and instruct Employers must avoid, and instruct
employees to avoid, adopting and employees to avoid, adopting and encouraging stereotypes and encouraging stereotypes and generalizations about S.A.R.S. and its generalizations about S.A.R.S. and its victims.victims.
April 28, 2003April 28, 2003 1818
Employer’s DutiesEmployer’s Duties
CAUTION:CAUTION: Preventative conduct or measures that Preventative conduct or measures that
impact on an individual employee but impact on an individual employee but are not based on a legitimate, provable are not based on a legitimate, provable fear of contamination can be a violation fear of contamination can be a violation of the Human Rights Code.of the Human Rights Code.
April 28, 2003April 28, 2003 1919
Employer’s DutiesEmployer’s Duties
DUTY OF ACCOMMODATIONDUTY OF ACCOMMODATION An Employer has an obligation to An Employer has an obligation to
accommodate an infected employee (to accommodate an infected employee (to the point of undue hardship).the point of undue hardship).
April 28, 2003April 28, 2003 2020
Employer’s DutiesEmployer’s Duties
Possible Accommodations could Possible Accommodations could include:include: Paid leave of absence by utilizing:Paid leave of absence by utilizing:
Short Term Disability Benefits Short Term Disability Benefits Sick DaysSick Days Vacation DaysVacation Days
April 28, 2003April 28, 2003 2121
Employer’s DutiesEmployer’s Duties
Possible Accommodations could Possible Accommodations could include:include: Allowing an employee to work from Allowing an employee to work from
homehome Allowing a flexible schedule to Allowing a flexible schedule to
accommodate medical appointmentsaccommodate medical appointments
April 28, 2003April 28, 2003 2222
Employee BenefitsEmployee Benefits
Employers are wise to make efforts to Employers are wise to make efforts to eliminate, or at least reduce, employee eliminate, or at least reduce, employee fears of being "penalized" for not attending fears of being "penalized" for not attending work if they become ill with S.A.R.S. or are work if they become ill with S.A.R.S. or are under quarantine. You do not want infected under quarantine. You do not want infected employees coming to work out of fear of employees coming to work out of fear of losing their wages or their jobslosing their wages or their jobs
April 28, 2003April 28, 2003 2323
Employee BenefitsEmployee Benefits Options for compensating employees Options for compensating employees
include:include: Pay employees their regular pay during the Pay employees their regular pay during the
period of a S.A.R.S. related absence;period of a S.A.R.S. related absence; Allow the employee to exhaust sick leave or Allow the employee to exhaust sick leave or
STD benefits;STD benefits; Allow the employee to take vacation time or Allow the employee to take vacation time or
lieu days.lieu days.
April 28, 2003April 28, 2003 2424
Employee BenefitsEmployee Benefits
Employment Insurance ActEmployment Insurance Act – – Sick Sick BenefitsBenefits
In response to S.A.R.S., the federal government In response to S.A.R.S., the federal government has amended the regulations to the Act to has amended the regulations to the Act to remove the usual two-week waiting period for remove the usual two-week waiting period for S.A.R.S.-related cases.S.A.R.S.-related cases.
April 28, 2003April 28, 2003 2525
Employee BenefitsEmployee Benefits
Employment Insurance ActEmployment Insurance Act – – Sick Sick BenefitsBenefits Also, there is no longer an up front Also, there is no longer an up front
requirement for a medical certificate where requirement for a medical certificate where individuals are under quarantine by order or individuals are under quarantine by order or recommendation of a public health official or if recommendation of a public health official or if asked by their Employer, a medical doctor, a asked by their Employer, a medical doctor, a nurse or other person in authority.nurse or other person in authority.
A Record of Employment will be required.A Record of Employment will be required.
April 28, 2003April 28, 2003 2626
Employee BenefitsEmployee Benefits
Employment Standards ActEmployment Standards Act Emergency Emergency LeaveLeave
The ESA provides that employees in The ESA provides that employees in organizations that regularly employ 50 or more organizations that regularly employ 50 or more employees are entitled to 10 unpaid employees are entitled to 10 unpaid emergency leave days per calendar year.emergency leave days per calendar year.
April 28, 2003April 28, 2003 2727
Employee BenefitsEmployee Benefits
Employment Standards Act Employment Standards Act Emergency Emergency LeaveLeave
Emergency leave entitlement would apply Emergency leave entitlement would apply to:to: Employees who are inflicted with S.A.R.S. or Employees who are inflicted with S.A.R.S. or
under quarantine; andunder quarantine; and Employees ill or under quarantine or caring Employees ill or under quarantine or caring
for family members, including children at for family members, including children at home because of a school closure. home because of a school closure.
April 28, 2003April 28, 2003 2828
Employee RightsEmployee Rights
Occupational Health and Safety ActOccupational Health and Safety Act ("OHSA") ("OHSA")
Work RefusalsWork Refusals Employees, other than police officers, Employees, other than police officers,
firefighters, correctional officers, and firefighters, correctional officers, and hospital workers, can refuse to work if the hospital workers, can refuse to work if the condition of the workplace "is likely to condition of the workplace "is likely to endanger" their health or safety.endanger" their health or safety.
Any work refusal, including a refusal on the Any work refusal, including a refusal on the basis of a potential exposure to S.A.R.S., basis of a potential exposure to S.A.R.S., must be honest and reasonably held.must be honest and reasonably held.
April 28, 2003April 28, 2003 2929
Employee RightsEmployee Rights
Work RefusalsWork Refusals Based on our inquiries, we anticipate that the Based on our inquiries, we anticipate that the
Ministry may expedite S.A.R.S. investigations Ministry may expedite S.A.R.S. investigations by performing them over the telephone. We by performing them over the telephone. We anticipate that in determining refusals, the anticipate that in determining refusals, the Ministry will rely on the latest information from Ministry will rely on the latest information from the appropriate health authorities. the appropriate health authorities.
April 28, 2003April 28, 2003 3030
Employee RightsEmployee Rights
Workplace Safety and Insurance ActWorkplace Safety and Insurance Act ("WSIA")("WSIA")
The WSIA provides compensation for:The WSIA provides compensation for: ““Personal injuries or illness arising out of the course Personal injuries or illness arising out of the course
of employment"; andof employment"; and To a worker who "suffers from and is impaired by an To a worker who "suffers from and is impaired by an
occupational disease that occurs due to the nature of occupational disease that occurs due to the nature of one or more employments in which the worker was one or more employments in which the worker was engaged."engaged."
April 28, 2003April 28, 2003 3131
Employee RightsEmployee Rights
Workplace Safety and Insurance ActWorkplace Safety and Insurance Act ("WSIA")("WSIA") Workers who contract S.A.R.S. in the course of Workers who contract S.A.R.S. in the course of
their employment may be entitled to benefits their employment may be entitled to benefits under the Act. However, the Workplace Safety under the Act. However, the Workplace Safety and Insurance Board has issued a policy and Insurance Board has issued a policy update advising that workers who are update advising that workers who are symptom free, even if under quarantine or sent symptom free, even if under quarantine or sent home on a precautionary basis, will not receive home on a precautionary basis, will not receive coverage. coverage.
April 28, 2003April 28, 2003 3232
Key Tips for EmployersKey Tips for Employers
Develop a S.A.R.S. ProtocolDevelop a S.A.R.S. Protocol Keep employees InformedKeep employees Informed Consider Internal Work Place Consider Internal Work Place
EducationEducation Develop an Emergency Contingency Develop an Emergency Contingency
Plan Plan Now and for the FutureNow and for the Future
April 28, 2003April 28, 2003 3333
SHERRARD KUZZ SHERRARD KUZZ LLPLLP
155 University Avenue, Suite 1500155 University Avenue, Suite 1500
Toronto, Ontario M5H 3B7Toronto, Ontario M5H 3B7
Phone: 416.603.0700Phone: 416.603.0700
Fax: 416.603.6035Fax: 416.603.6035
Website: Website: www.sherrardkuzz.comwww.sherrardkuzz.com