CHAUDHRI: Canada Post COVID outbreak offers serious lessons not to be ignored

Allowing employees in the workplace without mandatory rapid COVID testing is wrong.

This week, national headlines carried developing news of a widespread COVID outbreak at a Canada Post facility in Mississauga.

The Gateway plant confirmed as of last week that 250 employees had tested positive, 350 employees were in quarantine, and one employee who tested positive just days after working the night shift had died on Jan. 27.

To allow employees in the workplace without access to mandatory rapid COVID testing is plain wrong.

On Nov. 24, 2020, the province of Ontario announced the release of rapid COVID testing for essential workers in long-term care homes and other “select” workplaces. Rapid testing should have been a requirement long ago for all open workplaces, including Canada Post.

Qaiser Maroof, president of the Canadian Union of Postal Workers – Toronto Local, referred to the employee’s death as “an unnecessary loss of life” late last week, noting postal workers “are indeed frontline workers.”

The fact that postal workers are frontline workers is hardly a secret. Throughout the pandemic we all continued to get our mail, but, more importantly, all of the life-sustaining food and drug deliveries our households have relied on to reduce our own risk of contracting the virus. Postal and delivery workers reduced our collective risk for contracting COVID-19 immensely.

The real question is why all workers during the pandemic, including postal workers, have not had access to regular rapid testing.

While much has been written about the woes of workers telecommuting into the office from home, the fact is many employees physically reported to work in the education, medical, construction retail, hospitality and professional service industries throughout the pandemic.

Telecommuting was strongly encouraged by all levels of government, but employers by and large retained discretion to determine if employees could actually do the job from home or if physical presence was required. The government left this decision up to employers but also left workplaces without the tools, like rapid testing, to safely navigate COVID in the workplace.

It was only on Jan. 19, after the Mississauga Canada Post outbreak was in full swing and impossible to contain, that rapid testing commenced at the Gateway plant — sadly, too late to avoid hundreds of employee cases and the a death of a worker.

For every employer that has its doors open, employees should be required to rapid test twice a week. Requiring employees to self-disclose, monitor symptoms, and lose pay if required to self-isolate is just too big a burden for any employee to bear, frontline or otherwise. Requiring employers to police their workplaces for potential cases is similarly unfair and fraught with legal risk.

The government has unfairly downloaded this critical health and safety obligation onto everyday people trying to balance the challenges of business and putting food on the table.

It was widely reported last week that only a fraction of the 15.4 million rapid tests ordered by the federal government have been used.

While much of the controversy around workplace outbreaks can be solved with swift government intervention, I must add that if there were ever a time for unions to serve their employees it is now. Paying lip service to administrative oversight amidst a severe employee outbreak hardly serves employees.

Demand rapid testing for employees that must report to work. Get to the bargaining table. Read your collective agreements and start the dialogue now.

On to your questions from this week:

Q. I work in a retail store and my employer cut my hours when the 28-day lockdown started because curbside pick-up was basically non-existent for our store. If the lockdown gets extended, does my employer have to pay me for my lost wages?

A. If your employer cut everyone’s hours and really isn’t operating during the lockdown, then probably not. If your employer chose some employees to work over others and you got the short end of the stick, then you may have a case for lost wages. If you don’t know if other co-workers are working as normal, you may want to ask around and contact your employer in writing about asking to return to full-time work as soon as possible. If your work shortage is lengthened beyond the 28 days, consider seeking legal advice.

Q. My employer requires employees to fill out an app-based survey to screen for COVID. This is good but I see some employees with obvious symptoms at work (like a cough, or people generally saying “I don’t feel well”). These people are clearly not being truthful when they report on the app about whether or not they have symptoms. Shouldn’t they be fired for making the rest of us sit close by and put ourselves and families at risk?

A. I would definitely raise health concerns to your HR or health and safety representative. It may be tricky to confront someone with a COVID-like symptom and that is not your job to do, it’s that of your employer. If your employer doesn’t step in, call the Ministry of Labour to inquire about what mechanisms you can take advantage of to make your workplace safe.

Write me at schaudhri@lscslaw.com and your question may be featured in a future column. Until then, stay safe my friends!