Allan Wells
Apr 14, 2021
As an increasing number of Canadians become eligible to be vaccinated against COVID-19, some employers may be wondering if they can require employees to get the shot in order to be present in the workplace.
Whether or not workplaces can make vaccination mandatory has become top of mind for many. The Occupational Health and Safety Act states that employers have a duty to maintain a safe work environment and take all reasonable precautions to protect workers’ health and safety. However, whether an employer can make vaccines mandatory requires greater consideration. Allan Wells, a partner in Osler’s Employment and Labour practice, recently spoke to The Ottawa Citizen for an article on the issue.
An employer can generally impose whatever work conditions they wish, subject to occupational health and safety regulations and human rights legislation. An employee who refuses to comply with their employer’s vaccination policy could potentially be scheduled for fewer hours, or none at all, or be assigned different duties and responsibilities, says Allan.
Depending on timing, employers considering a vaccination policy may want to include it with their return to the workplace program, he added.
Many organizations have been anonymously surveying employees to gauge their comfort level regarding a return to the workplace. Employers could reasonably ask employees whether they have been vaccinated, intend to get vaccinated — and when — or if they do not intend to get vaccinated.
An employer vaccination policy is more likely to survive a legal challenge if it is responsive to and distinguishes between different types of workspaces and risk profiles for transmission of COVID-19, Allan says.
Read the full article, “Can your employer require you to be vaccinated? It’s very likely,” by Joanne Laucius, published April 14, 2021, in The Ottawa Citizen.