Frequently Asked Questions

Ale (KSW Lawyers): WorkSafeBC can adjudicate whether the worker is expected to remain in the accommodated role and whether they are entitled to wage loss benefits in these cases. Since the Duty to Maintain Employment poses a positive duty on the employer to find alternate work, exploring alternate accommodation/position may be required if the current position is not working out. Teresa (WorkSafeBC): A return to suitable work does not require medical clearance from the worker’s treating clinician or any other health care provider. In many instances, the worker can confirm their functional abilities directly with the employer and they can collaborate on developing a suitable RTW plan. If there are any concerns about the worker’s ability to perform the work safely, the physician or other health care provider can be helpful in identifying the worker’s abilities and any restrictions
Job safety is always the number one priority for everyone in the workplace. When an employee is in a safety-sensitive role and not willing to address mental health concerns that impede their ability to work safely, it is essential to address the situation promptly. If an employee is not willing to take action to address their mental health concerns, it can be a challenging situation for both the employee and the organization. As an employer, it's essential to approach this situation with sensitivity and empathy while also considering the safety and well-being of the employee and their coworkers. Encourage the employee to utilize the resources available, such as the Employee Assistance Program (EAP), visit their family doctor, and seek support and guidance from professional counsellors. It's crucial to communicate the importance of mental health and the potential impact it can have on their overall well-being and job performance. However, it's important to remember that an employee's mental health is ultimately their responsibility. If the employee continues to be unwilling to seek help or take steps to improve their situation, the organization cannot force them to do so. In this scenario, the organization should follow its established safety protocols and policies. Steps to address the issue might include:
  • If necessary, temporarily reassign the employee to a less safety-sensitive role until they can meet the required safety standards. This should be done with care and support.
  • Encourage the employee to discuss their concerns openly and honestly with their supervisor or HR representative. Having a supportive conversation can lead to understanding the nature of the concerns and exploring possible solutions.
  • Conduct a safety assessment to determine if the employee is fit for their safety-sensitive role.
  • In extreme cases where the employee's ability to work safely is severely compromised, a medical evaluation might be required to assess their fitness for their current role.
It is essential to handle these situations with confidentiality and respect for the employee's privacy while also ensuring the safety of the workplace and the well-being of everyone involved. If concerns persist, seeking legal or medical advice might be necessary to navigate the situation appropriately.
Hopefully the vaccination status of the co-worker was from the co-worker and not the organization to minimize privacy concerns. If your organization is not willing/able/feel it is necessary to have a mandatory vaccination policy then it will need to continue to be 100% reliant on the measures that we are all used to now: barriers, physical distancing, masks, etc. to ensure the health and safety of all employees – vaccinated and unvaccinated. A vaccine mandate is just one tool that can be used to keep your employees safe. Communication is key to ensure both the vaccinated and unvaccinated are aware of the steps that are being taken to keep everyone safe at work.
We encourage everyone who can do so to get the vaccine, as it will help reduce the spread of COVID-19 and save lives by preventing disease, especially for people most likely to have severe illness or die. If enough people get vaccinated, it makes it difficult for the disease to spread. We hope that as more Canadians get vaccinated, we can return to activities that haven’t been possible during the pandemic. Getting the vaccine is not mandatory, and whether you choose to get the vaccine will not affect your access to health care services, nor employment or housing status. It may, however, limit your ability to attend events—and we are beginning to see more workplaces mandating vaccination for employees. Until the pandemic ends, restrictions are likely to continue as government and businesses prioritize health.

A high-risk close contact can be defined as a person who: 

  • Provided direct care for the case, including healthcare workers, family members or other caregivers, or who had other similar close physical contact (e.g., intimate partner) without consistent and appropriate use of personal protective equipment, OR
  • Lived with or otherwise had close face to face contact (within 2 metres) with a probable or confirmed case for more than 15 minutes (may be cumulative, i.e., multiple interactions) up to 48 hours prior to symptom onset, OR
  • Had direct contact with infectious body fluids of a probable or confirmed case (e.g., was coughed or sneezed on) while not wearing recommended PPE, OR
  • Has been identified by the local MHO as a possible contact. 

Source

External auditors are independent people who are qualified to conduct all types of OHS audits—including certification, annual maintenance, and recertification audits. Internal auditors are employees of an OSSE certified company who are only qualified to conduct an annual maintenance audit. In companies with fewer than 20 employees, internal auditors are qualified to conduct all types of audits, including certification, annual maintenance and recertification. To learn more about training for auditors, visit the OSSE section of the Alliance website.
KN95 is considered to be the equivalent to the US NIOSH N95, in terms of filter performance as outlined in the 3M document and other N95 alternatives for counties. KN95 are also recognized by WorkSafeBC in being the equivalent to N95. The KN95 just follows a different certification process, i.e. GB2626-2006, vs the N95 (NIOSH - 42C FR84).
Within Vancouver Coastal Health and Fraser Health, right now we're moving on to vaccinating teachers, people working in daycares and first responders. If you are working in such an organization and have not heard yet, then expect to be contacted soon. There is a detailed process to reach licensed child cares, schools and we have been in touch with our partners; police, fire, emergency and medical services. This varies across the region as our colleagues in Island Health haven't had workplace transmissions that we're dealing with in VCH/FH, they are focusing on age as the biggest risk factor. Each region is a bit different. Each region has different risks and different approaches to get vaccines out. IF you are in VCH/FH - those sectors are getting a lot of attention right now with quite a bit number of people getting vaccinated each day.
Most people experience mild side effects, such as a sore arm, that would not typically interrupt work. We have vaccinated all the staff at a variety of workplaces and have not seen a situation where a large percentage needed time off to recover from vaccination.
While most restaurant owners have done an exceptional job of implementing controls and adhering to their COVID-19 Safety Plans, the risk remains significant and the potential for spread high. Dr. Schwandt's comparison by industry clearly illustrated (slide 17 in his presentation) that restaurants and bars have experienced far and away more COVID-positive workplace clusters than any other industry. By temporarily closing indoor dining, Public Health is trying to eliminate this vector for wide spread of the virus.
There are no first aid drill templates available on the WorkSafeBC website. A first aid drill template should be like an emergency evacuation drill template, at a minimum, logging the date/time of the drill, the drill scenario, who was involved, was the drill successful or were deficiencies identified, are there action items and/or corrections required, and who is assigned the corrective items and by what date. WorkSafeBC will consider creating a generic first aid drill template as a future reference resource. MSABC has a table top exercise that may be used, however, tabletop exercises alone or reviewing an incident alone is not sufficient, an actual response drill must be done. MSABC encourages businesses to include these in their fire drill, evacuation, confined space mock rescues. Table top exercise documents can be used as guidance on what to do, record, and discuss. MSABC also has a generic fire drill template document that can be adjusted sufficiently to record first aid drills. If you are looking for support in running drill scenarios, please reach out to an MSABC Safety Advisor at [email protected].

Particularly in environments where employers may not have a robust PPE program already in place, this is a common concern. When you provide first aid services to an injured worker, physical distancing is not typically possible. So it becomes a question of how you protect both workers from each other, should one of them actually have COVID-19. A facial covering such as a surgical mask is a helpful precaution but not always possible in an emergency situation. Based on consultation with the Public Health Office, temporary or transient close contact with another employee within the 2-metre range does elevate the risk slightly but does not typically turn that into a high-risk situation. Provided you have effective controls in place overall in the workplace, transient close contact in an emergency scenario is not considered high risk.