Most small and medium businesses are already making vaccinations mandatory or intend to do so according to a new poll
Canadians expecting to return to their workplaces are increasingly likely to need proof that they have had a COVID-19 vaccine, but firms must ensure they do it right.
Last week, major Canadian financial institutions announced that vaccination will be mandatory for staff returning to their offices and branches and smaller organizations may choose to follow suit.
A new poll from KPMG Canada shows that 62% of small and medium sized businesses are either already insisting that their staff have had their shots, or plan to make shots mandatory.
"Businesses are grappling with how to navigate the issue of mandatory vaccination and determine whether or not they are legally permitted to require their employees and, in some cases, their customers, to provide proof of vaccination," says Norm Keith, Partner, Employment and Labour Law, KPMG Law LLP, and a leading advisor in Canadian safety law.
Keith says that implementing a mandatory shots rule may be challenging for businesses, who will need to ensure that safety risks in the workplace – particularly considering vulnerable individuals - are carefully balanced against employee privacy and human rights.
"With so many different approaches across the country, Canadian companies are seeking legal guidance and advice on vaccination policies for their workplaces," he said. "While some workplaces have taken steps to make proof of vaccination mandatory, others feel that unless mandated by government, it may be too onerous for them to make it a condition of continued employment.”
Keith recommends that firms consider some important points:
- Employers have a legal obligation to keep workers safe;
- Recognize and accommodate exemptions based on disability and religious beliefs protected by human rights law and the duty to accommodate;
- Assess whether alternative measures such as rapid testing, social distancing, and minimizing time worked in close proximity to others should be considered;
- Know that workers also have a legal duty to not work in a manner that may endanger others
- Protect the confidentiality of employee vaccination data;
- Be flexible, listen to employee concerns, and enlist workplace joint health and safety committees in developing and implementing policies.
"In general, we recommend that employers receive legal advice when putting in place any COVID-19 safety measures to reduce a wide range of risks. This includes implementation of a vaccination policy that clearly communicates employer commitments and expectations for employee safety."
Social divider
Last week, Ontario financial advisor Rob McChlery told WP how helping clients navigate the vaccination booking minefield.
Getting a vaccine is fast becoming a social divider in determining what people can and can’t do as the economy reopens and employers see shots as a key component in avoiding further lockdowns that have had a crippling effect on businesses across Canada over the last 18 months.
The poll shows that 84% of respondents support vaccine passports to perform certain jobs or enter certain places and around 8 in 10 feel that vaccination should be mandatory for employees.
