Frequently Asked Questions
Can a worker sign a ROI so that their doctor can share medical information with the employer?
Teresa (WorkSafeBC): A worker can, but they are not obligated to, share their medical information. Many doctor’s reports can include information that is not relevant to the claim and is the confidential, private, information of the worked. For medical information to help identify suitable work, you can direct a worker to physiotherapy for the completion of a functional abilities form. WorkSafeBC will pay for the initial visit even if the claim is not accepted. However, communication with the worker is all that is needed. The worker can participate in suitable work without any type of medical clearance on file.Can employers contact Interior Health to arrange vaccinations for their staff or do we need to wait to be called? Some direction in this area would be helpful.
The Alliance is collecting information from employers actively seeking immunization for their workers and will share this information with the health regions as they request it to support their programs. To register your interest in a future phase of workplace immunizations, please send an email to [email protected] with your company name, production facility address(es), number of employees at each facility, and key contact name, and email, and phone for each facility.Can I get COVID-19 from the vaccine?
You cannot get COVID-19 from the vaccine. However, if you were exposed to the virus before you received your vaccine, you may be incubating the virus and not realize you have COVID-19 until after you are vaccinated. It takes two to three weeks to gain protection from the COVID-19 vaccine. This means if you contracted the virus before getting the vaccine, or within the two-week period following vaccination, you may still get sick from COVID-19. If you experience symptoms of COVID-19 after you’ve been vaccinated, use the B.C. self-assessment tool to determine if you need to be tested.Can I get my second or third (booster) dose of vaccine at this time?
If you have not already, register with the Get Vaccinated provincial registration system to be notified when you can book your second, booster or third dose appointment.Can I travel once I received the vaccine?
Federal and provincial health orders and guidelines remain in place for everyone, even if you have received the vaccine. Learn more about province-wide and federal restrictions.Can someone be laid off for not following vaccination policy is that backed by law?
If an employee refuses to follow a workplace policy, an employer can discipline them according to the policy, including up to termination of employment. This is subject to the Human Rights Code, so it is important to obtain the reason why the employee is not following the policy and assess whether there is a duty to accommodate. Lay offs are tricky - absent seasonal workers, the right to lay-off in a written contract, or the employee’s clear agreement, a temporary layoff (even for one day) can be treated by the employee as a constructive dismissal under the common law, triggering the employer’s notice or severance pay obligations either under the employment contract or the common law. The British Columbia Employment Standards Act provides that after 13 weeks in any 20 week period, any temporary layoff would automatically become a termination under the Act unless the employer has applied for and received a variance from the Director. However, the Courts have held that this does NOT prevent employees from exercising their common law rights to claim a constructive dismissal if the layoff is less than 13 weeks. We covered this topic in an article available here. Please note there are different rules for unionized employers which will depend on the language of the collective agreement. There may also be exceptions for non-union employers, particularly in the health care or federal sector if any of the Public Health Orders or federal government mandates require your employee to be vaccinated in order to perform their duties. In any circumstances it is important to obtain professional advice before laying off an employee.What training is available to supervisors and companies to support RTW?
WorkSafeBC offers a Return to Work Coordinator course. It is a two-day course focuses on the role and responsibilities of a return-to-work (RTW) coordinator, providing participants with the information, tools, and templates that will allow them to do the job. The course focuses on the value of a proactive approach, which provides support for an injured worker right from the time of injury, provides modified or alternate work that is appropriate and safe for their specific injury and limitations, and keeps the worker connected to the workplace while they recover. This course will provide participants with enough information to move them, and their organization, toward a process that aligns with leading practices.Can we make “fully vaccinated” a prerequisite to the terms of employment, especially for new job offers?
Yes, you can. Just be mindful that you still cannot discriminate against individuals with traits protected by the British Columbia Human Rights Code, such as medical condition or sincere religious belief preventing the protected individual from getting the vaccine. We have previously done a seminar on the “Art of Hiring” where we address human rights considerations when hiring new employees. If you would like access to these materials, please contact Chris Drinovz.Can you easily differentiate the symptoms of COVID 19 against other influenza strain?
No. An employee experiencing any flu-like symptoms should stay home and contact a physician.