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in reply to: Ontario / Alberta #103269
Yes, to the extent they’re required by OHS laws and fire codes. In other words, the normal health, safety and fire rules continue to apply during the pandemic. I’m a bit curious why you ask. Is there a situation in which you’re concerned that the fire inspection might somehow increase COVID exposure’ If you give me more context, I might be able to help. Feel free to contact me directly at glennd@bongarde.com
in reply to: AB – If an employee injures themselves outside of work ie back injury from shoveling and they call in sick, should we be requiring a note from a physician for them to return to work.? The concern is someone will have a pre-existing condition and return to work not healed and would aggravate the injury and request WCB.. #103268Without a doctor’s note make sure and document the injury as non-work related and be specific on what was the injury. Also include date and time and asked the worker to sign the document stating that they are fit to return to work. Question for Glenn. Are companies obligated to offer modified duties to workers for non-work related injuries?
in reply to: AB – If an employee injures themselves outside of work ie back injury from shoveling and they call in sick, should we be requiring a note from a physician for them to return to work.? The concern is someone will have a pre-existing condition and return to work not healed and would aggravate the injury and request WCB.. #103267We have a Functional Assessment Form we have the doctor complete when staff are on WCB or require a modification but what happens if it is an at home injury and they say they are better and ready to return to work. Do we say no, not until we verify you are fit to work. Since it didn’t happen at work and no accommodation is being sought, we should be fine to simply allow them to return to work. Thoughts?
in reply to: AB – If an employee injures themselves outside of work ie back injury from shoveling and they call in sick, should we be requiring a note from a physician for them to return to work.? The concern is someone will have a pre-existing condition and return to work not healed and would aggravate the injury and request WCB.. #103266We’re of two camps her. So the staff in the example, is not asking for an accommodation. They are off due to an injury acquired outside of work. They just happen to let us know. What some people are concerned is that they will return to work, no accommodation and a week later, for example say they hurt there back and claim WCB when in fact they hadn’t recovered fully from the injury acquired at home. The other camp here believes that if someone injures themselves at home, they should be allowed to come back to work in the next day or two without a note. Neither of the examples involves an accommodation.
in reply to: AB – If an employee injures themselves outside of work ie back injury from shoveling and they call in sick, should we be requiring a note from a physician for them to return to work.? The concern is someone will have a pre-existing condition and return to work not healed and would aggravate the injury and request WCB.. #103265Yes definitely if the employee has requested an accommodation for the injury. Specifically, you can ask the employee’s physician to verify the disability and fill out an abilities assessment form enabling you to determine the employee’s capabilities, the jobs he/she can do and the accommodations you may have to make. https://www.wcb.ab.ca/assets/pdfs/employers/Fitness_for_work.pdf
If the employee hasn’t asked for an accommodation, things get trickier. First of all, doctor’s notes are strongly discouraged these days because policy makers don’t want employers to force employees to visit their doctor during the pandemic. So, DON’T ask for a doctor’s note if you’re simply seeking an explanation for the day he/she called in sick.
But if you need information about the employee’s medical condition to determine his/her fitness for the job, you can request it. Just make sure you can clearly document your concerns. Again, it becomes a matter of assessing capabilities and fitness for duty.in reply to: Daily Health Checks #103264Yes, they do. There’s nothing in either the BC Public Health Order https://www2.gov.bc.ca/assets/gov/health/about-bc-s-health-care-system/office-of-the-provincial-health-officer/covid-19/covid-19-pho-order-workplace-safety.pdf or WorkSafeBC guidelines telling employers how to implement the Order https://www.worksafebc.com/en/about-us/covid-19-updates/health-and-safety/health-checks that limits the scope of workplaces covered by the number of employees at the site. So, YES, keep doing the checks. Glenn
in reply to: Report Positive Covid Case? #103263Generally, NO, employers don’t have to report COVID cases UNLESS they’re directly related to work, i.e., workers contracted virus directly from work exposure.
There are 2 potential reporting responsibilities and the above rule applies pretty much to both:- Reporting COVID Cases to Local Public Health Authorities as Part of COVID Orders: That varies depending on the COVID guidelines of your local public health authority. See rule above
- WorkSafeBC under OHS Laws: Same rule. Here are the WorkSafeBC Guidelines
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When a worker contracts COVID-19 as a direct result of their employment, they are entitled to compensation if the following conditions are met:- Evidence that the worker has contracted COVID-19, either:
- a medical diagnosis in a medical report, or
- non-medical factual evidence where other evidence establishes the existence of COVID-19.
- The nature of the worker’s employment created a risk of contracting the disease significantly greater than the ordinary exposure risk of the public at large.
A work-related example would be an acute care hospital worker, who is treating patients who have been diagnosed with COVID-19. In these cases, they are at greater risk than the general public of contracting the disease.
Claims submitted for COVID-19 contracted through a work-related exposure are adjudicated on a case-by-case basis. WorkSafeBC will look at details such as whether the worker has a diagnosis of COVID-19, their symptoms, and their employment activities.
If you believe your employee contracted COVID-19 while at work, you should file a Form 7 to determine if the employee is eligible for workers’ compensation benefits.
When do I report a case of COVID-19 to WorkSafeBC’
Report it if it meets the specific criteria. As shown in the examples, if your employees are at significantly greater risk than the general public of contracting the virus while at work, and the employee loses time from work after contracting the virus, report the claim to WorkSafeBC.
However, if your employees are not at greater risk than the general public of contracting the infection, you do not need to file a report unless WorkSafeBC requests a report.
Does WorkSafeBC cover people for a quarantine or self-isolation period’
No. WorkSafeBC does not provide coverage for people who, on a precautionary basis, are quarantined, self-isolating or sent home.in reply to: Addressing worker’s personal medical history #103262Great questions as usual. I’ve got meetings coming up so let me answer one of your questions and then try to loop back on the second one by the end of the day.
What does “readily available” mean’ This should answer all of your questions even though it pertains not just to SDS but other documents and materials OHS laws require employers to make readily available. https://ohsinsider.com/compliance-cheat-sheet-ohs-records-that-you-must-make-reasonably-available-at-your-workplace/Can you clarify your question a bit. First, who’s “they”’ Second, while I see you’re in Alberta, can you tell me what business you’re in so I can determine whether it’s subject to federal or Alberta laws’ Last thing, you’re talking about storing the substances, rather than shipping them, right’ Thanks and sorry to hit you with this list of questions but I do need to know the answers to look up the right rules.
in reply to: BC province silica dust mitigation #103260WorksafeBC isn’t particularly strong in silica but they do have some decent stuff on asbestos, including use of HEPA filters and dust collecting equipment. Try these out:
https://www.worksafebc.com/en/resources/health-safety/books-guides/safe-work-practices-for-handling-asbestos’lang=en&origin=s&returnurl=https%3A%2F%2Fwww.worksafebc.com%2Fen%2Fsearch%23q%3DAsbestos%26first%3D10%26sort%3Drelevancy%26f%3Acontent-type-facet%3D%5BBooks%2520%2526%2520guides%5D
https://www.worksafebc.com/en/resources/health-safety/books-guides/safe-work-practices-in-residential-construction’lang=en&origin=s&returnurl=https%3A%2F%2Fwww.worksafebc.com%2Fen%2Fsearch%23q%3DAsbestos%26first%3D30%26sort%3Drelevancy%26f%3Acontent-type-facet%3D%5BBooks%2520%2526%2520guides%5D
https://www.worksafebc.com/en/resources/health-safety/books-guides/breathe-safer-how-to-use-respirators-safely-and-start-a-respirator-program’lang=en&origin=s&returnurl=https%3A%2F%2Fwww.worksafebc.com%2Fen%2Fsearch%23q%3DAsbestos%26first%3D30%26sort%3Drelevancy%26f%3Acontent-type-facet%3D%5BBooks%2520%2526%2520guides%5D
https://www.worksafebc.com/en/resources/health-safety/books-guides/pipeline-construction-inspection-guide’lang=en&origin=s&returnurl=https%3A%2F%2Fwww.worksafebc.com%2Fen%2Fsearch%23q%3DSilica%26first%3D10%26sort%3Drelevancy%26f%3Acontent-type-facet%3D%5BBooks%2520%2526%2520guides%5D
https://www.worksafebc.com/en/resources/health-safety/books-guides/trades-toxins-tobacco/trades-toxins-and-tobacco-facilitator-manual’lang=en&origin=s&returnurl=https%3A%2F%2Fwww.worksafebc.com%2Fen%2Fsearch%23q%3DSilica%26first%3D20%26sort%3Drelevancy%26f%3Acontent-type-facet%3D%5BBooks%2520%2526%2520guides%5DThis is based on C-65, although non-federal employers can use it. https://ohsinsider.com/wp-content/uploads/OHSWorkplace-Violence-Harassment-Hazard-Assessment-Form.pdf Analysis: https://ohsinsider.com/how-to-do-a-workplace-harassment-hazard-assessment/
in reply to: Prohibiting out of district travel #103258Follow up question…can the workplace mandate they stay home and self isolate (and not pay them) if the health unit or law doesn’t force them to?
in reply to: Prohibiting out of district travel #103257No, you can’t prevent employees from traveling but you can strongly recommend to them that they don’t and make it clear that you DON’T have to pay them for the days they spend in self-isolation if they can’t work from home. The number of days required, of course, will depend on where they went and to whom they were exposed, in accordance with public health guidelines.
Yes, the answer MAY BE different if the employee belongs to a union. That’s because the employee’s leave entitlement will be based not on the ESA but the terms of the collective agreement, which may, in fact, provide for paid leave. So make sure you read whatever collective agreement applies in determining whether to pay the employee for the self-isolation time.
Great questions and I hope this answers them. GlennThe biggest thing to remember is that most workers require a non-medical cloth or paper mask or face covering. N95 filtered masks are required only for workers at elevated risks, like physicians, nurses, EMTs, lab test personnel, etc. Here’s some basic guidance on selecting the right mask.
https://www.canada.ca/en/public-health/services/diseases/2019-novel-coronavirus-infection/prevention-risks/about-non-medical-masks-face-coverings.html
https://www.whsc.on.ca/Files/Resources/COVID-19-Resources/WHSC-WebinarPP_Revisiting-mask-selection-use-and-care_Aug13-20_COVID-19-Resources.aspx
https://www.cdc.gov/coronavirus/2019-ncov/prevent-getting-sick/about-face-coverings.html US but pertains in Canada
https://www.who.int/news-room/q-a-detail/coronavirus-disease-covid-19-masks WHO
FYI: Quebec launched a new voluntary government certification program for COVID masks under which approved masks will bear a distinctive marking. So, if you’re in that province, look for the marking. I suspect that Ontario and other provinces will implement similar programs soon. Until then, the above materials should enable you to make the right selection. Great question. Glennin reply to: Oil waste permit for storing used oil in Ontario? #103255If you do need a permit, you’ll need to get it from the Ontario Ministry of Environment based on the kind of operation you perform, type of used oil waste generated and other factors. Because these are highly technical regulations far beyond my expertise, the best thing I can do is point you to the horse’s mouth, i.e., the MOE guidelines. https://files.ontario.ca/generators_of_liquid_industrial_and_hazardous_waste_-_english.pdf If this doesn’t help, contact me at glennd@bongarde.com and I’ll try again.
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