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[Rory Lodge]

#102799

A engineering construction firm that would be considered essential workplace as they are supporting essential construction (schools, infrastructure etc.) The employer is requiring all employees to report to the office, they are not going to be given the option to work form home due to accessing the software. They are giving employees the option of taking a leave of absence if they are not willing to report to the office. Is this legal’ The ESA eaves available nor the Infectious Disease Emergency Leave would apply here, I don’t think. Please help guide me on this one. Let me know if you need more information.

[Jeffrey Turner]

#103253

I don’t see anything illegal in this, as long as:

1. The business really does qualify as an essential business; and
2. The employer rigorously follows ALL of the required COVID emergency orders and public health guidelines.

If it fails to comply, workers might have grounds for invoking their OHS refusal rights. But, again, those refusals will be hard to justify if the employer is carrying out all of the COVID workplace safety requirements. EXCEPTION: Workers who are older and frailer and/or who have asthma, cardio problems, or other conditions making them particularly susceptible or vulnerable to COVID infection would have a stronger justify for an OHS refusal to the extent that they could still be at undue hazard even if the employer does obey all the COVID restrictions. Hope that helps. Glenn

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