New Mandatory Employer Obligation – Ongoing COVID-19 Workplace Screening

New COVID-19 health and safety compliance obligations
Photo by Graham Ruttan on Unsplash

The recent spike in COVID-19 cases has resulted in the Ontario government amending regulation  O. Reg 364/20: Rules for Areas in Stage 3, under the Reopening Ontario (A Flexible Response to COVID-19) Act, 2020 (“the Regulation”). The new amendment took effect on Saturday, September 26, 2020, and imposes on employers new health and safety compliance obligations related to COVID-19, specifically employee screening, or as the Regulation puts it:

“The person responsible for a business or organization that is open shall operate the business or organization in compliance with the advice, recommendations and instructions issued by the Office of the Chief Medical Officer of Health on screening individuals.”

Required Screening Questions

The current recommendations of the Office of the Chief Medical Officer of Health were published by the Ministry of Health on September 25, 2020, in a document titled “COVID-19 Screening Tool for Workplaces (Business and Organization)” (COVID-19 Screening Tool). O. Reg 364/20 mandates compliance with the COVID-19 Screening Tool (marked as Version 1). Its recommendations consist of a short questionnaire covering symptoms, travel and suspected contact. Employers must use it to conduct screening of all workers (anyone conducting business-related activity) and any essential visitor (anyone providing a service to the workplace), each time, before, or when that person enters the workplace.

Compliance Steps

Employers can access the screening tool here and take the following steps to ensure compliance:

  1. Use the COVID-19 Screening Tool to assess all the individuals outlined above, each time before they enter the workplace.
  2.   Not allow anyone who fails the screening to enter, or remain in the workplace, and require anyone who fails to self-isolate and contact their health care provider or Telehealth Ontario.
  3.   Allow individuals who pass the screening (answered no to all questions) to enter the workplace, but advise employees to immediately report any new symptoms to the employer.
  4.   Continue to comply with their existing obligations under health and safety laws.

If you need help implementing the new employer obligations imposed by O. Reg 364/20, get in touch for a consultation. 

 

Share the Post:

Related Posts

Business leader standing in a quiet office, considering a termination decision while an employee is on leave

Can I Terminate An Employee On Leave?

Can an employer terminate an employee during or after leave? Yes, but risk increases quickly. This article explains what employers can and cannot do, where timing creates exposure, and how careful documentation and consistent decision making can help reduce legal risk for employers today confidently.

Read More »
Virtual mentoring conversation with AI-assisted document analysis, showing how mentoring supports judgment and strategy in modern workplaces

Mentoring in the Age of AI 

Mentoring has always mattered, but AI is changing what good mentoring looks like. As tools generate faster, more polished work, the real value shifts to judgment, context, and strategy. Here’s why mentoring is becoming more important, not less, in AI‑enabled workplaces.

Read More »
Birthday cake with gold number 65 candles symbolizing older Canadians working beyond retirement age and the growing senior workforce in Canada

More Canadians Are Working Past 65: Is Your Workplace Ready?

More Canadians over 65 are remaining in the workforce, and employers should ensure their workplace policies and practices keep pace. From age discrimination and accommodations to benefits and human rights obligations, businesses should proactively review how they support older workers in today’s changing workforce landscape.

Read More »

Contact Us

Thank You For Your Interest. Kindly Complete The Form Below. Our Client Services team will be in touch with further information about our fees and intake process.
[grow-contact-form]