For some weeks now, Quebec has been preparing for a return to work and gradual decontamination to ensure economic recovery, but since workplaces are places that can contribute to the transmission of COVID-19 [1], employers have a duty to implement appropriate sanitary measures within their organizations to prevent and control the spread of this virus. These measures also include training employees to ensure they have the knowledge they need to carry out their work safely. [2]
It should be noted that any employee has the right to denounce his employer to the Commission des normes, de l’équité, de la santé et de la sécurité du travail if he considers that his employer has not implemented reasonable measures in the circumstances. Section 51 of the Act respecting occupational health and safety (AOHS ) stipulates that employers must take “all necessary measures to protect the health, safety and physical well-being of workers”.
Some government authorities and associations have developed tools to guide employers in developing preventive measures within their companies.
1. Canadian Centre for Occupational Health and Safety (CCOHS)
In order to plan the measures that will enable a company to continue supplying its main products or services, CCOHS has prepared a guide to help employers draw up a business continuity plan in the event of an infectious disease outbreak. For the complete document, please visit our website.
To sum up, the CCOHS advises employers to first assess the elements essential to the smooth running of their business, as well as the impact on their activities should these be deprived. Clearly, the employer must also be prepared for a higher number of employee absences.
In addition, CCOHS recommends the following steps to implement an effective return-to-work protocol [3]:
- Develop a clearly defined and documented policy
- Develop an intervention plan
- Implement the plan
- Test the plan with employees, keep it up to date and verify its effectiveness
Here are a few possible solutions [4]:
- Exploring flexible working: telecommuting and flexitime
- Staffing measures: videoconferencing, distancing customers from employees, reducing the number of people on the premises on a rotating basis.
- Transportation: examine the possibility of carpooling or private bus driving for employees who use public transport on a daily basis.
2. Commission des normes, de l’équité, de la santé et de la sécurité du travail (CNESST)
The CNESST, for its part, has put in place a guide to workplace health standards to inform employers on how to take charge of health and safety in a COVID-19 context. For more information, please download the PDF guide.
In short, the risk mitigation strategies that employers should keep in mind are as follows [5]:
- Exclusion of symptomatic people from the workplace
- Physical distance
- Hand washing
- Respiratory label
- Maintain hygiene measures with frequently touched tools, equipment and surfaces
However, these strategies must be used in combination to be effective.
CNESST also offers a COVID-19 toolkit available on its website (checklists, checklists, posters, etc.) to help implement a protocol.
3. Association paritaire pour la santé et la sécurité du travail, secteur ” affaires municipales ” (APSAM)
APSAM points out that the best form of protection is still telecommuting. However, when this solution cannot be applied, APSAM shares other measures to control exposure to COVID-19. To see examples and the order of effectiveness of these measures, please visit the site.
Protocol recommendations and communication
The protocol presented to employees should generally include the following measures [6]:
- Carry out a workplace inspection before returning to work
- Evaluate precautionary methods to confirm that they comply with government guidelines
- Submit a daily self-assessment form to all employees before going to work, and implement an isolation procedure for those showing symptoms.
- Use communiqués and posters to inform employees and customers of physical distance guidelines to limit interpersonal contact.
- Post hygiene notices in key areas of the workplace, and ensure that all disinfectants needed to clean hands and frequently touched surfaces are available to all employees.
- Inform employees about mass gatherings to minimize face-to-face meetings and opt for videoconferencing.
- Implement physical barrier solutions where possible and necessary
- Set up a mechanism known to all to receive reports of any dangerous situation and feedback from everyone.
Once the protocol has been finalized, the employer should e-mail the protocol to all employees and notify them of its intentions to reopen. It may also be appropriate to post the protocol in the workplace as a reminder.
Finally, it is recommended that a meeting be held with all employees (in person by applying distancing measures or by videoconferencing) to explain the protocol as well as answer questions and mention the following points [7]:
- A reminder of the employer’s commitment to safety
- Share expectations and objectives with employees
- Informing employees of risks
- Remind those who may have developed symptoms or been in contact with the virus to be vigilant
- Encourage employees to report any dangerous situation of which they are aware
Any changes or updates to the protocol should be transmitted according to the rules detailed above.
Refusal to report for work
Under the law, an employee may refuse to go to work if there is “reasonable cause to believe that the performance of the work will expose him to a danger to his health, safety or physical integrity” [8].
However, this right is not automatic, and the employee must present a problematic state of health to refuse to return to work. [9]
The CNESST website sets out the rules governing the right of refusal, as well as the recourse available in the event of disagreement between employee and employer on the subject.
Teleworking: benefits and drawbacks
While many companies choose to continue telecommuting because they remain fully operational in this way, the psychosocial risks and impacts of this solution must not be overlooked. Physical isolation is just as important an issue for employers to consider when implementing their protocol.
The Institut de recherche Robert-Sauvé en santé et en sécurité du travail (IRSST) offers solutions for effective teleworking to avoid adverse effects on employees’ psychological health.
In other words, the implementation of a COVID-19 control protocol by companies is more than necessary and should be evaluated sooner rather than later, even if the recovery phase does not begin immediately.
Experts predict that the pandemic could strike in several waves, generally lasting three to nine months. [10]. Il est donc nécessaire pour l’employeur de retenir des solutions souples et de se questionner sur les divers scénarios de la COVID-19 pour corriger les mesures sanitaires dans le cadre de ses activités habituelles, nouvelles et ponctuelles.
[1] https://www.canada.ca/fr/sante-publique/services/maladies/2019-nouveau-coronavirus/document-orientation/prise-decisions-fondees-risques-lieux-travail-entreprises-pandemie-covid-19.html
[2] https://www.cnesst.gouv.qc.ca/salle-de-presse/covid-19/Documents/DC100-2146-Guide-Prevention-Covid19.pdf
[3] https://www.cchst.ca/products/publications/busn_cont/
[4] See note 3
[5] See note 2
[6] https://www.santepubliqueottawa.ca/fr/public-health-topics/covid-19-information-for-workplaces.aspx
[7] https://www.cnesst.gouv.qc.ca/Publications/100/Documents/DC100-2146Bweb.pdf
[8] https://ici.radio-canada.ca/nouvelle/1698660/reouverture-economie-quebec-demandes-refus-travail-dangereux-employes-cnesst-covid-10
[9] See note 8
[10] See note 3
