COVID-19: A Guide for the Employers

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March 11, 2020

800 du Square-Victoria, #4600, Montréal QC H4Z 1H6 • T 514 878-2631 • F 514 878-1865 255 Racine St. E., #530, Chicou�mi QC G7H 7L2 • T 418 579-3113 • F 418 579-3114

230, De Mar�gny St. W, #7, Saint-Jérôme QC J7Y 2G3 • T 450 710-0971 • F 450 710-0972 rsslex.com

This checklist will help guide employers in managing the workplace rela�ng to the risks associated with this situa�on, while maintaining the company's produc�vity.

Information and Prevention

In order to fulfill its obliga�on to under-take appropriate measures to provide a healthy and safe workplace, the em-ployer will be well advised to inform its employees about the nature of COVID-19, its mode of transmission as well as the current situa�on, by referring itself and its employees to official sources of informa�on such as the WHO, the Pub-

lic Health Agency of Canada and the Ins�tut na�onal de santé publique du Québec.

As part of preven�on, the employer may take the following steps:

• Ask employees to wash their hands regu-larly and to adopt appropriate hygienic behaviours;

• Encourage sick employees to stay home and to consult a physician;

• Encourage employees to no�fy the appro-priate resource person of any medical condi�ons or situa�ons (such as recent or upcoming travel) that put them at greater risk;

According to the WHO, 109,577 cases of COVID-19 coronavirus disease have been con-firmed worldwide, including 3,809 deaths, as of March 9, 2020. In the last 24 hours as of March 9, these figures include 3,993 new cases and 225 deaths. In Canada, there have been 77 confirmed cases according to the Public Health Agency of Canada. The Agency is maintaining its assessment of a low risk to the Canadian popula�on at this �me, while no�ng that the elderly and those with underlying medical condi�ons are at increased risk of more severe outcomes.

This situa�on requires a large-scale effort, and as such, any employer would do well to be over-prepared rather than ignore the impact for its employees, its business and the general popula�on.

Eliab Taïrou

514 393-7455

etairou@rsslex.com

Eliab is a member of our Labour and Employ-ment Law Prac�ce Group. He has substan-�al experience with labour rela�ons, occu-pa�onal health and safety and human rights ma�ers.

• Provide an�sep�c products and addi�onal protec�ve equipment as required.

Work Reorganization

Some�mes described as the company's most valuable management tool, the employer must ensure that it has enact-ed an updated and adaptable risk man-agement and business con�nuity plan. This plan should outline risk assess-ments, the company's priority ac�vi�es and the roles of each individual, while enabling good communica�on between the key players.

In the context of the risk posed by COVID-19, the employer should assess the possibility of using telework as much as possible, bearing in mind that, in addi�on to contacts between work colleagues, the use of public transport can also be a source of risk. In this way, the employer will have to review its pol-icy to this effect or develop one without delay.

Leaves of Absence

As part of its measures taken to encour-age employees who are sick or who have been in contact with a sick family member to stay home, the employer must review its policy on leaves of ab-sence, par�cularly due to illness. Failing that, the employer must ensure that it is aware of the leaves of absence provided for in the Act respec�ng labour stand-ards, which was amended less than two years ago.

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Other issues could also concern the em-ployer, such as the right to refuse work in ma�ers of occupa�onal health and safety under the law, the possibility of discrimina�on based on ethnic origin or illness cons�tu�ng a handicap, privacy issues and the duty to accommodate. To this effect, our Labour and Employment Law team remains available to answer your ques�ons and to guide you through the evolu�on of the situa�on.

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