Frequently Asked Questions
Does shaming/demeaning unvaccinated workers constitute workplace harassment, and if yes what would the consequences be?
Yes, it certainly is, employers should prohibit any form of harassment, discipline, reprisal, intimidation, or retaliation based on an employee's or contractor’s decision to get or not get vaccinated. Employees that discriminate against or bully a fellow employee or contractor because of their decision to vaccinate or not to vaccinate can be subject to discipline, up to and including termination for cause. A lot of employers have a Respectful Workplace Policy in place, which would may prohibit any form of harassment or discrimination at the workplace, including related to one's vaccination status and outline a complaint procedure for dealing with this. For our clients who implemented a Vaccination Policy, we have included language on this specifically in the Policy.Does this legislation apply to work related injuries only, or non-work-related injuries as well?
Teresa (WorkSafeBC): The new legislation provides a legal framework for supporting an injured worker’s return to, or continuation of work.Dr. Henry advised that religious belief is not a legitimate reason for not getting vaccinated. Is this accurate?
I am not aware of this specific statement. However, she did advise that there will be no exemptions to the B.C. mandate and passport at this time, during this period of increased risk. As an employer, you do need to provide protection and accommodation to employees who are protected under the British Columbia Human Rights Code, such as for a medical or sincere religious belief. Under human rights legislation, protection of a religious belief or practice is triggered when a person can show that they sincerely believe that the belief or practice (a) has a connection with religion; and (b) is “experientially religious in nature”: Syndicat Northcrest v. Amselem, 2004 SCC 47 at para. 69. That being said, there have been no confirmed major religions to my knowledge that hold this belief. One driver for testing sincerity is the fact that no major organized religion objects to the vaccines, and Roman Catholic and other Christian, Jewish and Muslim leaders have advised followers to get the shots. Pope Francis went so far as to say that getting vaccinated was “the moral choice because it is about your life but also the lives of others.”In order to meet the “duty to accommodate” workers at the workplace, are face shields or face shields with a mask being worn to only cover your mouth (leaving the nose exposed) regarded as suitable protection that mee provincial health guidelines?
Since masks are now mandatory and they recommend a three-layer mask. Can we make that a workplace policy in the workplace as some people wear bandanas or neck pull up masks?
How do I clean and sterilize my home?
For workers self-isolating at home, the BC Centre for Disease Control recommends this protocol for home sterilization for someone self-isolating at home:
Daily:
- Clean and disinfect common areas and all surfaces in the room(s) where you are staying. Regular cleaning products are fine for this.
- Disinfect (kill germs) by mixing 1 part bleach with 9 parts water (1/3 cup bleach per gallon of water) and applying it to areas that are touched often such as counters, tabletops, doorknobs, bathroom fixtures, toilets, phones, keyboards, tablets and bedside tables.
It is especially important to use bleach to disinfect if you are sharing any common areas (such as a bathroom) with others or if others will be entering the room(s) where you are staying.
Follow manufacturer's instructions for proper ventilation.
NEVER MIX:
- Bleach + Ammonia (this generates a toxic gas called Chloramine, causing chest pain and shortness of breath)
- Bleach + Vinegar (this generates toxic Chlorine gas, causing breathing difficulty and burning, watery eyes)
- Bleach + Rubbing Alcohol (this generates toxic Chloroform, causing eye irritation and dizziness)
- Hydrogen Peroxide + Vinegar (this generates corrosive Peracetic Acid, known to irritate the eyes, skin, and respiratory tract)
If someone in your home is infected with COVID-19, follow this in-depth cleaning protocol from the Centre for Disease Control in your home.
Employee daily self-screening in BC, are companies required to keep on file each day as proof?
Confirmation of health checks are needed, as per WorkSafeBC guidance. See below:
Employers must ensure that every worker performs a daily health check before entering the workplace. Health checks are mandatory self-assessments conducted by workers and includes confirming with their employer, in written or verbal format, that they have reviewed the complete list of entry requirements (included on this entry check poster) and that none of the prohibited criteria apply to them.
Employers can use a number of methods to confirm that this self-assessment has taken place. Some examples include:
- A written health check declaration completed by workers before entry.
- An online health check form completed by workers before entry.
- A verbal check in, done either in person, virtually, or by phone with every worker, confirming that the worker has completed their daily health check.
- Other forms of a supervised daily health check process based on the above.
How do I self-monitor for symptoms of COVID-19?
If you have been in close contact with someone who has (or suspects they may have) a COVID-19 infection, the BC Centre for Disease Control recommends you self-isolate at home for 14 days, watching for new signs or symptoms of infection. These may include fever, cough, runny nose, sore throat, and in some cases, gastrointestinal issues.
Take your temperature each day and avoid the use of fever-reducing medications (aspirin, acetaminophen, ibuprofen, etc.) as much as possible, as these can mask the early signs of an infection. If you need to take any of these medications, advise your healthcare provider and ask for further direction.
If you develop any of these symptoms, use the BC COVID-19 Self-Assessment Tool to help decide whether you need to contact a doctor.
Will business sites be quarantined orclosed if there’s a potential situation of an infected worker? If so, what measures must be taken to resume business?
Refer to the BC Centre of Disease Control Environmental Health Officer
Employers must inform all workers about the importance of not coming to work if they are sick or have symptoms. Once a person is diagnosed with COVID-19, a Public Health Officer will provide instructions for the workplace on what must be done. It is possible that the workplace will be closed temporarily for deep cleaning and then reopen once it is safe to do so.
http://www.bccdc.ca/health-info/diseases-conditions/covid-19
To avoid a closure of an essential business, will public health authorities conduct testing to screen other potentially infected employees?
Refer to BC Centre of Disease Control Environmental Health Officer.
(http://www.bccdc.ca/our-services/service-areas/environmental-health-services)
At this point, workers should be utilizing the system checker and call 811 to confirm what actions they should be taking, especially when they have a confirmed case of COVID-19 in their home, as they are at high risk of exposure and may be required to self-isolate based on recommendations from 811.
See WorkSafeBC guidance: https://www.worksafebc.com/en/about-us/news-events/announcements/2020/March/covid-19-and-the-workplace
Once a worker has been diagnosed with COVID-19, the public health office will conduct an investigation and will communicate instructions to the employer for what they must do next. As part of their investigation, they will be questioning others in the workplace to identify those who were in close contact with the individual.
If a worker suspects they may be infected, the BC CDC website has a COVID-19 Self-assessment tool (https://covid19.thrive.health/) and depending on the answers, it will provide next steps.
Are there other, specific things a prevention officer would be looking for in evaluating whether a plant is safe to remain operating?
WorkSafeBC expects employers to be taking all reasonable steps to comply with the Public Health Officer (PHO) orders and requirements to protect their workers in addition to their responsibilities under the Workers Compensation Act and Occupational Health and Safety Regulation. Workplace inspections play a critical role in ensuring workplaces are healthy and safe. During this situation, WorkSafeBC will continue their work with employers and workers to help them take the necessary steps to protect those who remain at work, including preventative measures to slow the progression of COVID-19. Wherever possible, WorkSafeBC will explore alternative approaches when connecting with workplaces (employer and worker representative), including remote inspections. WorkSafeBC recommends the use of this new guide Preventing exposure to COVID-19 in the workplace. This guide contains questions employers should ask themselves to better understand the health and safety concerns in the workplace raised by COVID-19. Topics covered include:- Identifying exposure hazards and developing measures to control exposure
- Controlling the number of people on site
- Prohibition of workers who are sick and those returning from outside Canada
Should pandemic be included in an Emergency Preparedness program?
Considering pandemic planning would be a prudent process. Employers are expected to follow OHSR5.2 and OHSR5.59 in relation to COVID-19 exposure in their workplace.
OHSR 3.3 Contents of program
The occupational health and safety program must be designed to prevent injuries and occupational diseases, and without limiting the generality of the foregoing, the program must include:
- A statement of the employer's aims and the responsibilities of the employer, supervisors, and workers,
- Provision for the regular inspection of premises, equipment, work methods, and work practices, at appropriate intervals, to ensure that prompt action is undertaken to correct any hazardous conditions found,
- Appropriate written instructions, available for reference by all workers, to supplement this Occupational Health and Safety Regulation,
- Provision for holding periodic management meetings for the purpose of reviewing health and safety activities and incident trends, and for the determination of necessary courses of action,
- Provision for the prompt investigation of incidents to determine the action necessary to prevent their recurrence,
- The maintenance of records and statistics, including reports of inspections and incident investigations, with provision for making this information available to the joint committee or worker health and safety representative, as applicable and, upon request, to an officer, the union representing the workers at the workplace or, if there is no union, the workers at the workplace, and
- Provision by the employer for the instruction and supervision of workers in the safe performance of their work.