COVID-19 Screening Now Required in Ontario Workplaces- Sherrard Kuzz LLP
On Friday, September 25, 2020, the Government of Ontario amended O. Reg 364/20, effective Saturday September 26, 2020. This Regulation sets out the Rules for Areas in Stage 3.
The amendment imposes a requirement that “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.”
The same day, the Ministry of Health issued its COVID-19 Screening Tool for Workplaces (Business and Organizations). The Tool provides screening questions for any worker or essential visitor (defined in the Tool) seeking to enter the work environment. The Tool does not apply to patrons of a workplace, essential workers who travel outside of Canada for work, or emergency services or other first responders who may enter a workplace for emergency purposes.
Bottom Line: Effective September 26, 2020, each Ontario workplace is now required to pro-actively screen employees for COVID-19-related symptoms and risk factors prior to entry into the work environment, each day the employee seeks to enter the work environment (this would not apply to an employee working at home that day). The screening tool should include, at a minimum, the questions identified in the Ministry of Health’s COVID-19 Screening Tool for Workplaces (Businesses and Organizations).