Canadian HR Reporter

www.hrreporter.com 29 PRIVACY, HUMAN RIGHTS AT PLAY WITH COVID SAFETY POLICIES, PRACTICES COVID-19 pandemic has created an inflow of workplace health and safety issues, which we anticipate will have lasting effects on how employers operate their businesses and manage employees. Employers have a legal duty to ensure, so far as is reasonably practicable, the safety, health and welfare of their employees while at work, as well as a general duty toward those attending at their premises (such as customers, clients and suppliers). Navigating that duty can be challenging, especially in these unprecedented times. There are several workplace-related safety and health trends that will emerge in 2021. Safety protocols at work To satisfy legislative requirements, employers may consider developing, reviewing and revamping health and safety policies to ensure the safety of employees, contractors and customers. Specifically, employers may want to develop or strengthen policies related to: • sanitization, personal protective equipment, ventilation and air quality in the office and social distancing measures • screening employees and visitors for symptoms of COVID-19 or other contagious viruses • requesting or requiring employees to be tested or vaccinated for COVID-19 or other contagious viruses • returning to work following sickness, isolation or a statutory leave of absence, such as the public health emergency leave under Manitoba's employment standards legislation • employees' right to refuse unsafe work • discipline for failing or refusing to follow safety protocols Issues related to privacy and human rights will undoubtedly come into play when considering these safety policies and procedures. Balancing competing rights and obligations may require additional support from legal advisors. Employers are encouraged to seek out such advice to ensure compliance. Working from home Employees are expected to continue to work remotely in 2021 and for years to come in light of everchanging public health orders and the fact that many employers have found remote work to be efficient and effective. Various workplace safety and health considerations arise when assessing work- from-home arrangements, including: • preventing musculoskeletal injury through proper ergonomic assessments and the implementation of preventive measures • identifying risks to employees when working alone, including with respect to their mental health and developing safe work procedures in consultation with employees Out-of-province employees With employers becoming more accepting of employees working remotely, an influx of out-of-province hires is to be expected. As a result, employers may be required to learn and follow the workplace safety and health laws of various provinces or other jurisdictions and may have to consider implementing multiple policies and procedures to address the laws in these jurisdictions. Further, with the potential increase of extra-provincial employees, there could be potential issues with ensuring safe travel to and from employers' headquarters when employees are required to attend at the physical place of business. CHRR THE ERIKA DREW Associate Taylor McCaffrey in Winnipeg MARK ALWARD Associate Taylor McCaffrey in Winnipeg

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