As the more contagious delta variant continues infecting Canadians, workers anticipate returning to workplaces that have been shut for much of the pandemic, and the media continues reporting instances of vaccine passport violence, workplaces may encounter instances of workers invoking their right to refuse work if they believe they are in imminent danger.

How likely is it these refusals could be upheld?

What we’ve learned from previous COVID-related work refusals is that if an employer is following provincial and public health requirements, then the circumstances under which a right to refuse is upheld would have to be extreme or unusual.

Take as an example an employee who must work with unvaccinated colleagues. “If the employer is doing what’s required, it would be a challenge to have a lack of vaccination or less than full vaccination of staff as a justifiable basis for a worker refusal,” says Jeremy Warning, a partner with Mathews, Dinsdale & Clark LLP.*

Nevertheless, Jeremy points to two circumstances that could provide the basis for a work refusal even if employers are following requirements. The first would be the elevated risk of violence a worker faces from clients or customers in a workplace where vaccination passports are required for entry. The second, a work refusal from a susceptible worker — “someone at a greater risk of a severe outcome if they became infected with COVID-19,” explains Jeremy.

He offers employers the following guidance for addressing fears worker may have and preventing work refusals.

• Respond to concerns before they become work refusals. Encourage employees to bring their COVID-related concerns or fears forward. Find out what is prompting their concerns, and what kind of reassurance or accommodation would help make them feel more comfortable. If you make changes, communicate them to anyone who may be affected.
• Tell your workers what you are doing to protect them against COVID. “Communication is key,” says Jeremy. What prevention measures do you have in place? Enhanced cleaning, physical distancing, masking, screening? Are you mandating or encouraging vaccination? “That way, everyone understands what’s expected in terms of COVID prevention behaviour in the workplace, and what standards they will be held to at work. This will limit the chance of a work refusal based on some level of confusion about employer policy.”
• Revisit your violence and harassment policy if your business is required to enforce new vaccine passport requirements. “Do the new requirements create an enhanced risk or potential for workplace violence? And if so, do you need to modify your procedures for your front-facing staff.” Among other things, ensure your employees know the warning signs for violence, such as swearing, clenched fists, and heavy breathing, how to respond in a non-threatening manner, and how to get help from a supervisor, manager, security, or police.
• Take extra precautions to protect susceptible workers. Workers with compromised immune systems or medical conditions that put them at greater risk will require more protection than less vulnerable workers. “It may be that they wear a mask that provides greater protection than a source control mask that others may be required to wear. Or it may be an enhanced physical distancing requirement.” The precautions to take will depend on the specific circumstances.

How WSPS can help

The following three articles contain useful insights:

• 9 suggestions to help avoid work refusals
• Can employees refuse to work because of the pandemic?
• COVID-19: your top questions answered

Need help building a safety plan? Try the province’s online workplace safety plan builder. The builder leads users through an easy three-step process to develop a customized plan for their business.
Also check out Limiting Workplace Violence Associated with COVID-19 Prevention Policies in Retail and Services Businesses, published by the U.S. Centers for Disease Control and Prevention.

* Mathews Dinsdale and Clark LLP, a leading Canadian law firm, addresses the issue of work refusals in this article, FAQs: COVID-19 and the Workplace. Check out other insights published by the firm on COVID-related workplace issues.

Original article:
https://www.wsps.ca/resource-hub/articles/how-to-defuse-new-covid-fears-and-avoid-work-refusals

CSA Group has just published two standards that can help you better manage impairment in your workplace and improve your incident investigations.

CSA Z1008:21, Management of impairment in the workplace, a new standard, offers a structured approach to assessing and controlling impairment, including impairment from substance abuse. CSA Z1005:21, Workplace incident investigation, is an update that provides more guidance on the role of human factors in incidents.

“Both can help firms of all sizes meet their obligations under the Occupational Health and Safety Act,” says WSPS Specialized Services Lead Michael Wilson.

What we’ve learned

“The catalyst behind CSA Z1008:21, Management of impairment in the workplace was the legalization of cannabis,” says Candace Sellar, CSA Group’s Program Manager, Worker and Public Safety, Standards. “However, the CSA Group Technical Committee recognized that impairment could come from many sources — substance abuse, fatigue, stress, medical or environmental conditions — subsequently, the National Standard takes a more holistic approach to impairment.”

Possible mental health effects of the pandemic provide additional reasons for employers to address workplace impairment. One in three respondents to a survey conducted earlier this year on pandemic-related stress in individuals who use alcohol, reported increased use, while one in five reported high-risk use. *

CSA Z1005:21, Workplace incident investigation. Candace Sellar states that “the exciting thing about this edition is it digs deeper into investigations and human factors. For example, psychological health and safety considerations, including impairment, could be the root causes of incidents, but historically this hasn’t been captured or was overlooked during investigations. The committee that developed the update knew that the more employers learn about the true root causes of incidents, the more that employers and employees are empowered to prevent these occurrences from happening again — striving for continuous improvement from a prevention standpoint.”

What’s ahead

• A new edition of CSA Z259.17:21, Selection and use of active fall protection equipment and systems, will be published in November 2021. Watch for it at www.csagroup.org/store/.
• CSA Group welcomes your feedback! A new standard entitled CSA Z259.19, Managed fall protection training – will be available for Public Review in December 2021 at https://publicreview.csa.ca/.
• Watch for more information in upcoming issues of eNews.

Michael’s tips

Standards can be your best source for consensus-based best practices, says Michael Wilson. “When a client asks, ‘How do I comply with this requirement?’ I direct them to a standard wherever possible.” He offers five tips for integrating a new or revised standard into your health and safety program.

• Gather all stakeholders to review the standard — HR, joint health and safety committee members, health and safety staff, technical staff, etc. “Give yourself and your stakeholders time to review it, digest it and come back to it.”
• Compare notes. What’s changed in the standard? How does the new or revised standard compare to what you have in place? Do you need to create a program or simply tweak what you have?
• Break implementation down into manageable bits. “You don’t have to adopt all elements at once,” says Candace. Michael agrees. “If you try to do too much, people are going to get frustrated, and you’re going to have this great initiative that never gets off the ground.”
• Maintain momentum. “Take a look at where you want to be and determine what changes you can apply in a week, in a month, in three months.” Steady progress and short-term goals are key. “If you set a longer-term target, you may find that when the time comes, little has been accomplished.”
• Get help if you need it. CSA Group’s implementation guides offer expert guidance and practical tools like checklists, policies, and more. No-fee training may also be available.

How CSA Group can help

The following no-fee resources can be accessed at the CSA Store:

• CSA Z1008:21, Management of impairment in the workplace
• CSA Z1008.1:21, Implementation Guideline for CSA Z1008, Management of impairment in the workplace, with a focus on impairment due to substance use
• CSA Z1008:21 Management of impairment in the workplace – Online Training
• CSA Z1005:21, Workplace incident investigation. An implementation guide is also available for purchase.

How WSPS can help

Our consultants can help you understand the benefits and implications of new and updated standards for your workplace and guide you through the implementation process — saving you time and allowing you to focus your internal resources where they are most needed.

Find out more by emailing or speaking with our on-duty consultant.

Also act on these two training opportunities:

• Accident Investigation, a 1-hour e-course
• Investigating Accidents and Incidents, available as half-day classroom or virtual training

*  Mental Health and Substance Use During COVID-19, conducted by Leger for the Canadian Centre on Substance Use and Addiction and the Mental Health Commission of Canada.
The information in this article is accurate as of its publication date.

Original article:
https://www.wsps.ca/resource-hub/articles/manage-impairment-risks-and-improve-investigations-with-csa-group-standards

Agri-food businesses have been diligent and flexible in adapting to COVID-19. As Ontario moves forward in the recovery, we must continue to follow public health guidance and adapt our protocols accordingly.

The Governments are providing financial support to help farmers and agri-food workplaces manage and identify transmission risks to protect their workforces from COVID-19.

Through Workplace Safety & Prevention Services (WSPS), farmers and agri-food businesses can access professional advice and consulting services to help them with their COVID-19 needs. Your workplace may be eligible for two days of services tailored to your needs (worth $2,000 – paid for by the Canadian Agricultural Partnership). Available until February 28, 2022.

The following workplaces are eligible:

• Employers, farm sector organizations and farm associations
• Provincially licensed meat plants
• Other food processors who employ 1-49 employees

Please reach out to WSPS by:

• Telephone: 1-877-494-9777 to speak with a customer service representative
• E-mail: agriculture@wsps.ca

How WSPS can assist:

• Written COVID-19 workplace safety plans
• Complimentary resources available at wsps.ca, including sample Safety Plans
• COVID-19 response checklist
• COVID-19 response gap analysis
• COVID-19 response program development
• COVID-19 response policy and ;procedure development and training
• Assessing the workplace hazards related to COVID-19 and providing recommendations
• Review of controls and protocols related to preventing transmission of COVID-19
• How to support worker mental health during the COVID-19 pandemic
• Managing COVID-19 in shared accommodation

Also, a new online COVID‐19 safety plan builder can be found at Ontario.ca/COVIDSafety, along with the existing safety plan guide and other helpful resources. The interactive platform can be used to develop custom COVID‐19 safety plans.

The Canadian Agricultural Partnership is a five-year investment by governments to encourage innovation, competitiveness and sustainability in Canada’s agriculture industry.

Original article:
https://www.wsps.ca/resource-hub/articles/covid-19-and-workplace-safety