COVID-19: Planning for Workplace Reopening | Practical Law

COVID-19: Planning for Workplace Reopening | Practical Law

In recent weeks, Canadian governments have relaxed COVID-19-related restrictions for select non-essential business operations, allowing them to reopen. Barring a resurgence of infection rates, restrictions will loosen further in the weeks and months to come. This Legal Update reviews challenges employers may face in restarting their operations and resources available to assist in planning for reopening.

COVID-19: Planning for Workplace Reopening

Practical Law Canada Legal Update w-024-5138 (Approx. 5 pages)

COVID-19: Planning for Workplace Reopening

by Practical Law Canada Employment
Published on 21 May 2020Canada (Common Law)
In recent weeks, Canadian governments have relaxed COVID-19-related restrictions for select non-essential business operations, allowing them to reopen. Barring a resurgence of infection rates, restrictions will loosen further in the weeks and months to come. This Legal Update reviews challenges employers may face in restarting their operations and resources available to assist in planning for reopening.
Canada's federal, provincial and territorial governments are beginning to ease mandatory business closures or restrictions related to the 2019 novel coronavirus disease (COVID-19). All jurisdictions are taking a phased approach to reopening, allowing a greater range of businesses to resume normal operations as COVID-19 infection rates decrease. For links to the reopening plans and timelines for each jurisdiction, see the "Business Closure and Reopening Plan" sections of Reference Chart: COVID-19 Employment Initiatives and Legislative Changes.
When allowed to reopen, each workplace faces the challenge of redesigning its operations to fit the "new normal". Employers must find a path to productivity that takes into account infection control and also anticipates the possibility of reduced demand or revenue, continued regulatory intervention and future COVID-19 disruptions. Success requires planning and adaptability.
Practical Law Canada continues to produce and maintain resources to assist employer counsel in this work. A good place for counsel to start is Practice Note, Reopening the Workplace After Mandatory Closure.

The New Normal

COVID-19 is still present in our communities, requiring a "new normal" in the way we work. Businesses permitted to resume operations must do so within the guidelines for infection control established by each jurisdiction. Mandatory or recommended infection control measures vary among jurisdictions and industries.
Links to infection control guidance for employers in various industries in each jurisdiction are available in COVID-19: Government Guidance for Reopening the Workplace Chart.
Common themes include:
  • Physical distancing. Ensuring adequate distance among employees, customers and other third parties through adjusting workspaces, designing dedicated customer traffic flow, adjusting seating arrangements, and so on. This may require reduced numbers of employees or customers permitted into a space at a given time.
  • Managing high-contact surfaces. Limiting the extent to which surfaces are touched by many employees or customers in the workplace. This may require restricting the touching of such surfaces, preventing sharing and, most importantly, frequent cleaning. Solutions include providing employees with personal tools and equipment, limiting customer browsing of retail items and no-touch payment methods.
  • Personal protective equipment (PPE). Providing masks, gloves or other infection control equipment to employees, customers or both. This is particularly necessary where physical distancing is not possible, as in hair salons and barbershops, aesthetic services, and medical or paramedical services.
  • Preventative scheduling. Timing the operations of the business to minimize the exposure of employees or customers to each other or to the public generally. For example, employers may schedule employees to arrive at staggered start times to minimize crowding in entrance ways or elevators. Employers may allow employees to work earlier or later to avoid crowding on public transit. Businesses may extend hours to allow vulnerable customers access at times when the general public is not permitted entry to the premises.
  • Screening. Requiring employees, customers and other third parties to disclose whether they are currently ill, or whether they have elevated risk factors for COVID-19 infection, such as recent travel outside Canada or contact with an infected individual. This may take the form of self-assessments or temperature screening. More rigorous screening may be required in workplaces with high traffic or high-touch surfaces where potential for spread of infection is high or where the persons in a workplace are uniquely susceptible to infection, as in a healthcare setting.
  • Training. Instructing employees and non-employee workers on proper hygiene and sanitation practices, including hand washing, coughing and sneezing etiquette, surface cleaning, and specialized protocols for the specific work employees conduct. Employees should also understand that they are not to report to work while showing symptoms of COVID-19 or after being exposed to risk factors. Training is essential in all workplaces.
For additional measures regarding infection control measures, see:

Managing a Workforce During a Pandemic

While infection control represents a novel, daily challenge in most workplaces, ongoing workforce management is nothing new for Canadian employers. However, businesses that reopen during the COVID-19 pandemic will encounter new dimensions in familiar employee issues, including attendance management, human rights accommodation and minimum standards compliance.
New issues employers may face during the COVID-19 pandemic include:

Developing a Reopening Plan

Before reopening the workplace, employers should develop a plan that takes into account necessary infection controls and the realities of working under a pandemic.
Some jurisdictions require businesses to develop a written COVID-19 Operational Plan before reopening and either post the plan or make that plan available to public health authorities and Occupational Health and Safety (OHS) authorities. For a list of these requirements, see COVID-19: Government Guidance for Reopening the Workplace Chart.
Key elements of any reopening plan include:
  • Involvement of stakeholders. Involve the workplace joint health and safety committee and union (if any) in the development of a plan.
  • A hazard assessment. Assess where COVID-19 risks might emerge in the workplace.
  • Infection control measures. Address identified COVID-19 risks with appropriate controls.
  • Policies addressing workplace impacts of COVID-19. These include protocols for responding to reports of infected individuals in the workplace, as well as any physical distancing, accommodation, remote work or other measures judged necessary.
  • Communications and training. An outline of the program to be implemented to keep employees up to date on risks and mandatory practices in the workplace.
For assistance in creating a reopening plan, see Practice Note, Reopening the Workplace After Mandatory Closure.