COVID-19 Vaccination Policies in the Workplace
Things Employers Should Consider
While the circumstances are constantly changing, the government’s current public policy is that vaccinations are voluntary, although strongly encouraged, and now, temporarily, required for access to many public services and businesses. On October 22nd, Ontario announced
- It may begin gradually lifting proof of vaccination requirements on or after January 17, 2022.
- As of March 28, 2022, it is intended that remaining public health and workplace safety measures will be lifted.
Any employers that are creating a workplace policy around proof of vaccine and vaccine mandate policies, or any COVID testing alternatives, should:
- Incorporate the latest employer information and guidance from your regional health unit. Click for Huron Perth Public Health and their Recommendations for Employers and Provincial Public Health Workplace vaccination.
- Expect circumstances to continue to evolve and be prepared to adjust and adapt. Policies should be for the shortest amount of time as necessary and may only be justifiable during a pandemic.
- Include industry or sector specific requirements (health care, childcare, education, etc.).
- Ensure Health and Safety practices reflect actual risks in the workplace related to transmission and exposure and the effectiveness and availability of controls.
- Consider requirements of customers and clients for workers who work in and attend their workplaces.
- Consider work alternatives for unvaccinated employees.
- Limit medical information being collected for your employees.
- Consult with experts and legal counsel to understand risks around implementing COVID 19 vaccination policies, especially mandatory policies.
- Promote a culture of respect for individuals while prioritizing the requirements and obligations of your business.
Mandatory vaccination policies are largely untested in the courts as of now.
The Ontario Human Rights Code prohibits discrimination against people on the following grounds: Age, Ancestry, colour, race, Citizenship, Ethnic origin, Place of origin, Creed, Disability, Family status, Marital status (including single status), Gender identity, gender expression, Record of offences, Sex, and Sexual orientation.
Employers must accommodate employees who are unable to be vaccinated due to a prohibited ground, such as Disability or Creed, and may not use an employee’s medical information (Disability) to treat them differently as that may be discriminatory and prohibited under the Code.
The Ontario Human Rights Commission has published a policy statement on vaccine mandates and certificates which clarifies that personal preferences or singular beliefs do not amount to a creed.
For guidance on accommodation and any workplace policies, please contact our HR Solutions team at HRresults@w-u.on.ca
