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July 20, 2021 |
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Can you implement a mandatory COVID vaccination policy? |
Now that Canadians are returning to in-person workplaces, many employers are considering whether or not they should implement a mandatory COVID vaccination policy.
The Canadian Institute of Plumbing and Heating (CIPH) recently hosted a webinar for members to learn more about the legalities and risks of mandatory vaccination policies. The session featured a presentation by employment and labour lawyers from law firm McMillan: Dave McKechnie in Ontario, Shari Munk-Manel in Quebec and Gordana Ivanovic in Alberta. “Most Canadian employers haven’t moved to mandatory vaccination policies, but judging by activity in our group, many companies are considering them,” said McKechnie, noting that employers should consider carefully whether the need for a vaccination policy is “reasonable in the circumstances to protect worker safety.”
While the lawyers say mandatory vaccination policies are legal, employers not in industries such as healthcare should be prepared to face a number of hurdles. McKechnie said any challenges to the policy will have to be defended on the basis of Occupational Health and Safety, and employers should be prepared for challenges in areas such as human rights, privacy considerations, common law contracts between employee and employer, and the cultural landscape – legitimate vaccination hesitancy in diverse workplaces.
For example, if an employer’s mandatory vaccination policy was challenged, they would have to prove that the policy is necessary to keep the workplace, employees and customers safe. “The employer is going to have to show that a mandatory vaccination policy is reasonable for their particular workplace, or for their particular workforce,” said Munk-Manel. “And this is probably where most workplaces will fail the analysis. So obviously, there are certain factors that weigh against imposing a mandatory vaccine policy.”
Other considerations include the fact that rules must be applied to everyone entering the premises, including potential clients and visitors, and the consequences for non-compliance must be applied equally across the board.
READ MORE: Find out more about the legalities of a implementing a mandatory vaccination policy. |
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Harry Kandilas and Paul McDonald return to the industry |
See where they landed and find out what your colleagues at NIBCO, The ECCO Group, Zurn Canada, XOi, CIPH, OS&B, Malco Products, Aqua-Tech, EnerQuality Corporation and NAVAC are up to. |
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NTI names Barclay Sales as Western Canada rep |
NTI Boilers Inc. has announced a partnership with Port Coquitlam, BC-based Barclay Sales to increase its sales and service coverage in Western Canada. |
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Chillventa set for 2022 |
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RMC increases refrigerant disposal fee on CFC-11 |
Refrigerant Management Canada (RMC) has increased the fee for accepting CFC-11 refrigerant into its disposal program. |
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Canada approves GHG emissions reduction law |
The government of Canada has approved its first greenhouse gas (GHG) emissions reduction law, Bill C-12, the Canadian Net-Zero Emissions Accountability Act. |
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Fire safety training for pets |
 To support Kidde’s annual pet fire safety month, the company has teamed with celebrity pet trainer Sara Carson to help customers teach their cats and dogs how to respond to a fire alarm rather than becoming afraid and hiding.
Carson suggests training pets to either find the owner or exit the building when the fire alarm sounds, and recommends tips such as familiarizing pets with the sound of the alarm, pairing the sound with a command, identifying and naming the exit, such as “outside,” and rewarding pets for a positive response.
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