Canadian Employment Law Today

Canadian HR Reporter, 2020 be spread well before an individual experi- ences a fever, as there is a host of other symp- toms linked to the virus. There are many reasons why someone's temperature may be high, aside from COVID-19. As such, tem- perature checks should always be used with other controls, including a questionnaire and attestation. Questionnaire A questionnaire should ask the following questions: • Are you experiencing any of the follow- ing issues: severe difficulty breathing; severe chest pain; feeling confused; or losing consciousness? • Are you experiencing any of the follow- ing symptoms: fever; chills; cough that is new or worsening; barking cough; short- ness of breath; sore throat; difficulty swal- lowing; runny nose; stuffy or congested nose; loss of taste or smell; pink eye; headache; digestive issues; muscle aches; or fatigue? • Are you in any at-risk group (i.e., 70 years or older, weakened immune system or chronic health condition)? • Have you been in close physical contact with someone who tested positive for COVID-19 within the last 14 days? • Have you been in close physical contact with a person who either: is currently sick with a new cough, fever or difficulty breathing; or returned from outside of Canada in the last two weeks? • Have you travelled outside of Canada in the last 14 days? These questions come directly from the Government of Ontario's self-assessment tool. It is recommended that employers use this as a guide when implementing their own questionnaire. To the extent that someone answers in the affirmative to any of the above questions, employers can refer to the federal government's self-assessment tool (https:// ca.thrive.health/covid19/en) when deciding the appropriate course of action. In conjunction with the questionnaire, employers should have those entering the physical workspace sign an attestation every time they wish to enter the workspace, con- firming the following: • They are not exhibiting any symptoms relating to COVID-19 • They have otherwise answered in the negative to the above-noted questions • They do not have a temperature above 38˚C. Bottom line for employers Employers have an obligation to provide a healthy and safe workplace for their employ- ees and any third parties entering their physi- cal offices. By instituting mandatory screening measures, within reason, and by following the above-noted conditions, this will ensure a much safer workplace to return to, while also giving employees the confidence to know that employers are taking all necessary precautions to protect their well-being. August 12, 2020 | Canadian Employment Law Today CREDIT: SHINYFAMILY ISTOCK Temperature checks should always be used with other controls, including a questionnaire and attestation. ABOUT THE AUTHOR Christopher Justice Christopher Justice is an associate with MacDonald & Associates, a law firm in Toronto specializing in employment law for both employers and employees. He can be reached at (416) 601-2300 or cjustice@ macdonaldassociates.ca.

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