Canadian HR Reporter

August 2020 CAN

Canadian HR Reporter is the national journal of human resource management. It features the latest workplace news, HR best practices, employment law commentary and tools and tips for employers to get the most out of their workforce.

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18 www.hrreporter.com F E A T U R E S REOPENING a business during a pandemic involves many health and safety considerations for employers. Right now, it is uncertain when life will return to normal, so businesses will have to adjust to new ways of working. Here are a few key steps to consider: Update policies: Viruses such as COVID-19 have the capacity to affect how employers operate for a long time. Changes to how a business works should be reflected in updated workplace policies and procedures, including information on the procedure to be followed when an employee refuses to work due to safety concerns, remote work and leaves of absence. Health and safety policies should be updated to include guidelines on new workplace procedures, such as using personal protective equipment (PPE) and social distancing, as well as the role every worker plays in keeping the workplace safe. Investigate work refusals: A top concern for employers recalling workers during the pandemic is employees refusing to work. According to provincial occupational health and safety legislation, workers have the right to refuse work that they believe is unsafe. Employers in industries that entail a high level of employee exposure to the public, such as retail and hospitality, may be especially affected by this issue. An employee's refusal to work due to COVID-19 may be justified by factors such as the number of cases in the area, the number of individuals present in the workplace, whether social distancing is possible and whether the worker has any underlying health issues. However, employees and, therefore, the employer must consider the health and safety of their work environment even if it is their home so remote work policies should reflect that. For example, some provinces consider domestic violence to be a workplace hazard. Employers would be expected to take action if they suspect such violence might be affecting a remote worker. In such circumstances, the employer might conduct frequent video conferencing check-ins with the employee, instruct them on how to confidentially report abuse, provide domestic violence resources and review their workplace safety plan. Focus on well-being: Heightened anxiety, both now and during the reopening process, will be an area of focus for employers. Physical distancing and increased hygiene efforts may cause a decrease in overall productivity while heightening employee concerns about their job performance and job security. Having good mental health support systems in place for employees would be useful during this time. S e n i o r m a n a g e m e n t s h o u l d communicate their understanding and concern for the mental health of their employees and may want to consider temporarily adjusting pre-lockdown key performance indicators (KPIs) and service-level agreements (SLAs) as a short-term measure. Additionally, all changes to policies and procedures and occurrences of infection should be monitored to determine whether the infection prevention practices in the workplace are effective or need to be adjusted. It is important for management to deliver open, positive and empathetic WORKERS KEEN TO FEEL SAFE IN U.S. employees do not have an absolute right to refuse work — their refusal must be justified. Employers will need to investigate the specifics of any refusal. Additionally, the local health and safety enforcement authority may have to be called in to make a determination if the employee is still not convinced that their safety is adequately protected, even after the employer has investigated and communicated to the employee what steps have been taken to ensure their safety. Consider the duty to accommodate: If an employee has a disability or an underlying health condition that increases their risk of complications should they contract COVID-19, their employer may be required to provide accommodation up to the point of undue hardship. Employers should consider allowing such employees to continue working from home or allow them to remain off work on an unpaid leave of absence until it is safe for them to return. Remember remote work safety: Employers must also be aware of their duties under provincial occupational health and safety legislation when it comes to remote workers. They are still Aside from hand sanitizer and social distancing, there are several important safety considerations as the economy reopens, says Ryan Wozniak of Peninsula, including remote work safety, underlying health conditions and mental health SAFETY CONSIDERATIONS IN THE NEW NORMAL In some provinces, an employer would be expected to take action if it suspected that domestic violence might be affecting one of its remote workers. 51% Number of workers who cite a fear of getting sick as the top reason for not going back to work 24% Number of workers who cite an unwillingness to use public transportation for their commute 21% Number of workers who cite their responsibilities as a parent or caregiver as a concern 49% Number of workers who want clear response and shut-down protocols if a colleague tests positive 45% Number of workers who want a reconfigured workplace layout to promote physical distancing 45% Number of employees who want mandatory employee testing for clearance prior to return Source: PwC F O C U S O N : H E A LT H & S A F E T Y

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