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EMPLOYER CONSIDERATIONS Mandating COVID-19 vaccines in the workplace
By Julia Chumak, Articling Student at Lawrence Lawrence Stevenson LLP
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s the availability of the COVID-19 vaccine increases, employers across Ontario find themselves grappling with the question of what to do if their employees do not receive the vaccine. For example, are employers entitled to mandate vaccines? Can employers ask an employee to disclose their vaccination status? This article explores some considerations which employers should bear in mind when faced with these questions. Nevertheless, COVID-19 vaccination policies in the workplace are an unprecedented and evolving issue. As such, we recommend consulting with experienced employment law lawyers to assess your unique business needs.
10 WOOD INDUSTRY WINTER 2021
As a starting point, employers should be mindful of their general duty to take reasonable steps to protect the health and safety of their employees from workplace hazards. This duty became especially relevant during the onset of the COVID-19 pandemic. Before the widespread availability of vaccines, employers began implementing COVID-19 related safety measures at work. For instance, employers have facilitated remote workstations, provided personal protective equipment to employees, mandated masks in the office, and integrated plexiglass barriers and hand sanitizing stations. Presently, employers are considering whether COVID-19 vaccines should be integrated, in some form, within their workplace policies, as part of their general duty to ensure
