EFFECTIVELY DEALING EFFECTIVELY DEALING WITH S.A.R.S. IN THE WITH S.A.R.S. IN THE

WORKPLACEWORKPLACE

Presented by: Presented by:

Sherrard Kuzz Sherrard Kuzz LLPLLP and and

Dr. Neal SuttonDr. Neal Sutton

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AgendaAgenda Introduction Introduction

What is S.A.R.S.What is S.A.R.S. Medical Considerations for Employers Medical Considerations for Employers

(Dr. Neal Sutton)(Dr. Neal Sutton) The Medical Aspects of S.A.R.S.The Medical Aspects of S.A.R.S. S.A.R.S. in the Workplace: PrecautionsS.A.R.S. in the Workplace: Precautions S.A.R.S. and TravelS.A.R.S. and Travel

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AgendaAgenda

Legal Considerations for Employers Legal Considerations for Employers (Sherrard Kuzz LLP)(Sherrard Kuzz LLP) Employer’s DutiesEmployer’s Duties Employee BenefitsEmployee Benefits Employee RightsEmployee Rights

Key Tips for EmployersKey Tips for Employers

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IntroductionIntroduction What is What is Severe Acute Respiratory Severe Acute Respiratory

Syndrome (S.A.R.S.)?Syndrome (S.A.R.S.)? S.A.R.S. is a severe form of pneumonia, S.A.R.S. is a severe form of pneumonia,

accompanied by a fever. Other symptoms accompanied by a fever. Other symptoms of S.A.R.S. include muscle aches, of S.A.R.S. include muscle aches, headaches, and sore throat. A small headaches, and sore throat. A small number of people with S.A.R.S. can become number of people with S.A.R.S. can become severely ill.severely ill.

Currently, the cause of S.A.R.S. is unknown, Currently, the cause of S.A.R.S. is unknown, and no specific agents have been identified.and no specific agents have been identified.

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Medical Considerations for Medical Considerations for Employers (Dr. Neal Sutton)Employers (Dr. Neal Sutton)

The Medical Aspects of S.A.R.S.The Medical Aspects of S.A.R.S.

S.A.R.S. in the Workplace: S.A.R.S. in the Workplace: PrecautionsPrecautions

S.A.R.S. and TravelS.A.R.S. and Travel

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Legal Considerations for Legal Considerations for EmployersEmployers

Employer’s DutiesEmployer’s Duties

Employee BenefitsEmployee Benefits

Employee RightsEmployee Rights

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Employer’s DutiesEmployer’s Duties

Occupational Health and Safety Act Occupational Health and Safety Act (OHSA)(OHSA)

The OHSA imposes a duty on Employers The OHSA imposes a duty on Employers to take reasonable steps to protect the to take reasonable steps to protect the health and safety of its employees and health and safety of its employees and to ensure that the workplace is safe. to ensure that the workplace is safe.

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Employer’s DutiesEmployer’s Duties

Occupational Health and Safety ActOccupational Health and Safety Act

In the context of S.A.R.S., an employer In the context of S.A.R.S., an employer must consider what measures can be must consider what measures can be reasonably implemented to:reasonably implemented to:

Prevent the introduction of S.A.R.S. in the Prevent the introduction of S.A.R.S. in the workplace; and/orworkplace; and/or

Limit and remove the risks if the workplace Limit and remove the risks if the workplace is exposed to S.A.R.S. is exposed to S.A.R.S.

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Employer’s DutiesEmployer’s Duties

Safety measures should include the Safety measures should include the implementation of specific safety implementation of specific safety precautions and education.precautions and education.

Consider:Consider: Providing Individual Bottles of Anti-Providing Individual Bottles of Anti-

Bacterial Soap/Gel.Bacterial Soap/Gel.

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Employer’s DutiesEmployer’s Duties

Providing Washing Instructions.Providing Washing Instructions. Monitoring for Symptoms of S.A.R.S.Monitoring for Symptoms of S.A.R.S. Education updates to employees with Education updates to employees with

Respect to S.A.R.S., including medical Respect to S.A.R.S., including medical facts, symptoms and precautions.facts, symptoms and precautions.

Restrict Out-Of-Country Travel to High-Restrict Out-Of-Country Travel to High-Risk Destinations.Risk Destinations.

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Employer’s DutiesEmployer’s Duties

Require Home Quarantine for Potential Require Home Quarantine for Potential Victims of S.A.R.S.Victims of S.A.R.S.

Instruct and Require Workers to advise Instruct and Require Workers to advise Management of any Potential Exposure Management of any Potential Exposure to S.A.R.S.to S.A.R.S.

Require visitors to fill out screening Require visitors to fill out screening documents.documents.

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Employer’s DutiesEmployer’s Duties

Post notices in the workplace directing Post notices in the workplace directing employees to go home if suffering from employees to go home if suffering from any symptoms and notify the Employer any symptoms and notify the Employer immediately.immediately.

Providing Gloves and/or Masks.Providing Gloves and/or Masks.

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Employer’s DutiesEmployer’s Duties

HUMAN RIGHTS CODE(OHRC)HUMAN RIGHTS CODE(OHRC)

An Employer must ensure that An Employer must ensure that discrimination and/or harassment on the discrimination and/or harassment on the basis of a prohibited ground, does not basis of a prohibited ground, does not occur in the workplace.occur in the workplace.

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Employer’s DutiesEmployer’s Duties

HUMAN RIGHTS CODEHUMAN RIGHTS CODE

In the circumstances of S.A.R.S., the mostIn the circumstances of S.A.R.S., the most

relevant prohibited grounds are likely to relevant prohibited grounds are likely to be:be:

DisabilityDisability Place of originPlace of origin RaceRace AncestryAncestry

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Employer’s DutiesEmployer’s Duties

Avoiding S.A.R.S. Related Violations Avoiding S.A.R.S. Related Violations of the OHRCof the OHRC Employers must not discriminate against Employers must not discriminate against

employees because they, or their family employees because they, or their family members, may have contracted S.A.R.S. members, may have contracted S.A.R.S. or have visited, or came from, countries or have visited, or came from, countries that are S.A.R.S. hotspots.that are S.A.R.S. hotspots.

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Employer’s DutiesEmployer’s Duties

Avoiding S.A.R.S. Related Violations Avoiding S.A.R.S. Related Violations of the OHRCof the OHRC Employers must not harass employees Employers must not harass employees

through use of threats, insults, probing through use of threats, insults, probing and personal questions that arise solely and personal questions that arise solely because the employee, or their family because the employee, or their family members, may have contracted S.A.R.S. members, may have contracted S.A.R.S. or have visited, or came from, countries or have visited, or came from, countries that are S.A.R.S. hotspots.that are S.A.R.S. hotspots.

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Employer’s DutiesEmployer’s Duties

Avoiding S.A.R.S. Related Violations Avoiding S.A.R.S. Related Violations of the OHRCof the OHRC Employers must avoid, and instruct Employers must avoid, and instruct

employees to avoid, adopting and employees to avoid, adopting and encouraging stereotypes and encouraging stereotypes and generalizations about S.A.R.S. and its generalizations about S.A.R.S. and its victims.victims.

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Employer’s DutiesEmployer’s Duties

CAUTION:CAUTION: Preventative conduct or measures that Preventative conduct or measures that

impact on an individual employee but impact on an individual employee but are not based on a legitimate, provable are not based on a legitimate, provable fear of contamination can be a violation fear of contamination can be a violation of the Human Rights Code.of the Human Rights Code.

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Employer’s DutiesEmployer’s Duties

DUTY OF ACCOMMODATIONDUTY OF ACCOMMODATION An Employer has an obligation to An Employer has an obligation to

accommodate an infected employee (to accommodate an infected employee (to the point of undue hardship).the point of undue hardship).

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Employer’s DutiesEmployer’s Duties

Possible Accommodations could Possible Accommodations could include:include: Paid leave of absence by utilizing:Paid leave of absence by utilizing:

Short Term Disability Benefits Short Term Disability Benefits Sick DaysSick Days Vacation DaysVacation Days

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Employer’s DutiesEmployer’s Duties

Possible Accommodations could Possible Accommodations could include:include: Allowing an employee to work from Allowing an employee to work from

homehome Allowing a flexible schedule to Allowing a flexible schedule to

accommodate medical appointmentsaccommodate medical appointments

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Employee BenefitsEmployee Benefits

Employers are wise to make efforts to Employers are wise to make efforts to eliminate, or at least reduce, employee eliminate, or at least reduce, employee fears of being "penalized" for not attending fears of being "penalized" for not attending work if they become ill with S.A.R.S. or are work if they become ill with S.A.R.S. or are under quarantine. You do not want infected under quarantine. You do not want infected employees coming to work out of fear of employees coming to work out of fear of losing their wages or their jobslosing their wages or their jobs

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Employee BenefitsEmployee Benefits Options for compensating employees Options for compensating employees

include:include: Pay employees their regular pay during the Pay employees their regular pay during the

period of a S.A.R.S. related absence;period of a S.A.R.S. related absence; Allow the employee to exhaust sick leave or Allow the employee to exhaust sick leave or

STD benefits;STD benefits; Allow the employee to take vacation time or Allow the employee to take vacation time or

lieu days.lieu days.

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Employee BenefitsEmployee Benefits

Employment Insurance ActEmployment Insurance Act – – Sick Sick BenefitsBenefits

In response to S.A.R.S., the federal government In response to S.A.R.S., the federal government has amended the regulations to the Act to has amended the regulations to the Act to remove the usual two-week waiting period for remove the usual two-week waiting period for S.A.R.S.-related cases.S.A.R.S.-related cases.

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Employee BenefitsEmployee Benefits

Employment Insurance ActEmployment Insurance Act – – Sick Sick BenefitsBenefits Also, there is no longer an up front Also, there is no longer an up front

requirement for a medical certificate where requirement for a medical certificate where individuals are under quarantine by order or individuals are under quarantine by order or recommendation of a public health official or if recommendation of a public health official or if asked by their Employer, a medical doctor, a asked by their Employer, a medical doctor, a nurse or other person in authority.nurse or other person in authority.

A Record of Employment will be required.A Record of Employment will be required.

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Employee BenefitsEmployee Benefits

Employment Standards ActEmployment Standards Act Emergency Emergency LeaveLeave

The ESA provides that employees in The ESA provides that employees in organizations that regularly employ 50 or more organizations that regularly employ 50 or more employees are entitled to 10 unpaid employees are entitled to 10 unpaid emergency leave days per calendar year.emergency leave days per calendar year.

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Employee BenefitsEmployee Benefits

Employment Standards Act Employment Standards Act Emergency Emergency LeaveLeave

Emergency leave entitlement would apply Emergency leave entitlement would apply to:to: Employees who are inflicted with S.A.R.S. or Employees who are inflicted with S.A.R.S. or

under quarantine; andunder quarantine; and Employees ill or under quarantine or caring Employees ill or under quarantine or caring

for family members, including children at for family members, including children at home because of a school closure. home because of a school closure.

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Employee RightsEmployee Rights

Occupational Health and Safety ActOccupational Health and Safety Act ("OHSA") ("OHSA")

Work RefusalsWork Refusals Employees, other than police officers, Employees, other than police officers,

firefighters, correctional officers, and firefighters, correctional officers, and hospital workers, can refuse to work if the hospital workers, can refuse to work if the condition of the workplace "is likely to condition of the workplace "is likely to endanger" their health or safety.endanger" their health or safety.

Any work refusal, including a refusal on the Any work refusal, including a refusal on the basis of a potential exposure to S.A.R.S., basis of a potential exposure to S.A.R.S., must be honest and reasonably held.must be honest and reasonably held.

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Employee RightsEmployee Rights

Work RefusalsWork Refusals Based on our inquiries, we anticipate that the Based on our inquiries, we anticipate that the

Ministry may expedite S.A.R.S. investigations Ministry may expedite S.A.R.S. investigations by performing them over the telephone. We by performing them over the telephone. We anticipate that in determining refusals, the anticipate that in determining refusals, the Ministry will rely on the latest information from Ministry will rely on the latest information from the appropriate health authorities. the appropriate health authorities.

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Employee RightsEmployee Rights

Workplace Safety and Insurance ActWorkplace Safety and Insurance Act ("WSIA")("WSIA")

The WSIA provides compensation for:The WSIA provides compensation for: ““Personal injuries or illness arising out of the course Personal injuries or illness arising out of the course

of employment"; andof employment"; and To a worker who "suffers from and is impaired by an To a worker who "suffers from and is impaired by an

occupational disease that occurs due to the nature of occupational disease that occurs due to the nature of one or more employments in which the worker was one or more employments in which the worker was engaged."engaged."

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Employee RightsEmployee Rights

Workplace Safety and Insurance ActWorkplace Safety and Insurance Act ("WSIA")("WSIA") Workers who contract S.A.R.S. in the course of Workers who contract S.A.R.S. in the course of

their employment may be entitled to benefits their employment may be entitled to benefits under the Act. However, the Workplace Safety under the Act. However, the Workplace Safety and Insurance Board has issued a policy and Insurance Board has issued a policy update advising that workers who are update advising that workers who are symptom free, even if under quarantine or sent symptom free, even if under quarantine or sent home on a precautionary basis, will not receive home on a precautionary basis, will not receive coverage. coverage.

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Key Tips for EmployersKey Tips for Employers

Develop a S.A.R.S. ProtocolDevelop a S.A.R.S. Protocol Keep employees InformedKeep employees Informed Consider Internal Work Place Consider Internal Work Place

EducationEducation Develop an Emergency Contingency Develop an Emergency Contingency

Plan Plan Now and for the FutureNow and for the Future

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SHERRARD KUZZ SHERRARD KUZZ LLPLLP

155 University Avenue, Suite 1500155 University Avenue, Suite 1500

Toronto, Ontario M5H 3B7Toronto, Ontario M5H 3B7

Phone: 416.603.0700Phone: 416.603.0700

Fax: 416.603.6035Fax: 416.603.6035

Website: Website: www.sherrardkuzz.comwww.sherrardkuzz.com