When outbreaks of infectious diseases occur, the risk of contracting and spreading the disease becomes a foreseeable risk and is thus covered by the general duty clause. In fact, government authorities in at least five jurisdictions have issued guidelines confirming this view in response to the SARS, avian and swine influenza crises. Examples:
British Columbia:
On April 29, 2009, WorkSafe BC issued guidance on the swine flu stating that “employers have a responsibility to protect their workers from all work-related hazards, including exposure to infectious diseases like influenza” and should have an exposure control plan in place;
Mantioba:
MB issued Pandemic Influenza Preparedness Guidelines for Manitoba Business in 2006;
Saskatchewan:
SK issued guidance saying that the obligation to protect employees from swine flu is an implied part of the employer’s duty under OHS laws to “take reasonable precautions to protect the health and safety of their employees in their workplaces” (See http://www.labour.gov.sk.ca/h1n1-influenza-ohs); and
Alberta:
AB published a Workplace Health and Safety Bulletin stating that employers have legal obligations to take measures to guard against hantavirus, including providing of training (OHS Reg., Sec. 15) and PPE (OHS Code, Part 18), respectively.
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