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HB NEWS WORKING WITH UNVACCINATED COLLEAGUES HERE'S WHAT YOU CAN, AND CAN'T, ASK YOUR EMPLOYER FOR MEGAN DELAIRE mdelaire@toronto.com You've probably never asked not to work along- side someone because they hadn't received a flu shot, but what if a co-worker tells you they've opted out of the COVID-19 vaccine? Pb ‘lem: workers and ‘employers will need to navigate as more workplaces — such as schools, universities and offices — reopen post- pandemic. en. Further, with | 70 per cent of Ontario's popula- tion over 12 years old fully inated, and most new cases of COVID-19 appear ing in unvaccinated pe (or-Yadit-rem BXoxe MM Ie-Vlaliare pm Ciaexeyialiarep ie READERS’ for voting us favourite = READERS Pet Grooming ple, immunization status is resulting in friction be- tween vaccinated and un- vaccinated pi le. runt ¢ could b be especially the workplace, There employees might work alongside the same people for 40 or more hours each week. So what solu- tions are available, and le- gal, when it comes to re- moving this friction? Employment lawyer Ryan Watkins and human resources expert Patrick Stepanian offer some an- swers. CAN WORKERS DEMAND NOT TO WORK NEXT TO UNVACCINATED CO-WORK- ERS? a workers can raise their with e1 ployers, nstepanian, who serves as legal manager at health and safety consult- ing group Peninsula Cana- da, said employers in Can- and Puppy Socialization Services serving all of Halton Hills Ready for a magical touch? Maddisen Phelan, kea.cte, cto! info@wizardpaws.com ¢ 289.428.0127 .£ @ ada are not legally re- quired to accommodate this request. "Ifa worker does ask not to work next to an unvacci- nated colleague, it will be up to the employer to ei- ther work out an accom- odation or to deny this request,” Stepanian said. latkins, who practises at Toronto-based firm Whitten & Lublin, said em- ployers might be legally obligated to accommodate such a request under hu- Valeria Labas Karam photo RYAN WATKINS Because COVID-19 vac- cination has 0 been man rights provisions if made mandatory in Cana- the requester has been di- da, Vaccination status is agnosed withahealthcon- considered private medi- dition likecanceroranim- cal information. mune disorder. If an unvaccinated “Obviously those are in worker chooses to share their statu: special circumstances, not body has those is with se types worker, that's one thing, disabilities or illnesses," _ but it's not information an Watkins said. employer can disclose to WHAT DUTY DO EMPLOY- armas have to be ERS HAVE TO PROTECT . + WORKERS? careful, because with pri- vacy legislation you want 318 Guelph St., Unit 16, Georgetown Tel. 905-873-6116 » Fax 905-873-0621 georgetown@sherwoodcopy.com - sherwoodcopy.com Professional Services - Signs THE INDEPENDENT ‘THEE AES READERS’ CHOICE 2021 to ensure if you're going to have some type of vaccina- tion policy, only those who need to know that informa- tion have it," Watkins said. "So it's hard to see where ° you could have an here unvaccinated people! have to be segregat- Watkins said exceptions be made in fields where employers work with vulnerable popula- tions, such as in hospitals and long-term care jomes. “Maybe in terms of helghtened safety environ- you could see There ‘that Policy might work," he sai WHAT TYPES oF ACCOM- MODATION SHOULD EM- PLOYERS OFFER? Watkins and Stepanian agree employers are re- quired to take measures to keep employees safe from COVID-19. "Certainly, workers are entitled to be safe in their workplace and employers have an obligation to make 3 sure that's the case, so we 2 start with inet premise," Watkin: As for. what those mea: sures ook like, Stepania1 said t are some basic 3 HUOHeH dal OuL | Ey local public health unit. In # many cases, measures > such as distancing and 8 masking are still required ~ in workplaces regardless of vaccination status," Ste- panian said. ™ mea- sures have been deemed sufficient by public health units in preventing spread of COVID-19 and keeping workplaces safe." Beyond those require- ments, employers might to accommodate nes by allowing them to work remotely or, if that's not possible, to use separate tations. Employers could also in- stall Plexiglas barriers be- tween workstations. Thank you Halton Hills for choosing us as your Diamond Home/ Home Improvement Hardware Store cilstle HE INDEPENDENT READERS’ CHOICE 2021 264 Main St. North Acton, Ontario L7J 1W9 Ph: 519-853-1970 © Fax: 519-853-2542