PSAC Recommendations on Infectious DiseasesPrevention Strategy in the Workplace
Union members of the joint workplace and policy health and safety committees should add
the issue of Coronavirus as part of a broader Infectious Diseases Prevention Strategy on
the agenda of their next committee meeting.
Workers must be provided with an active and current infection control program,
specifically adapted to their workplace. The approach must be proactive and focus on the
protection of the worker. Knowledge of the risks of contracting coronavirus is the basis for a
preventive approach to infectious diseases in the workplace.
Infection control programs must involve workers. This can be best achieved by union locals
through Policy and Workplace Health and Safety Committees. Consultation of workers is essential
in developing workplace policies and procedures for infection control.
Workers must be provided with education and training. Effective worker education and
training must be a cornerstone of the employer’s response to this infectious disease.
Involve workers and the union in the development of the training program. This lends
credibility to the program and allows it to respond to specific issues raised by the workers.
Education must be paid for by the employer and approved by the Policy or Workplace Health and
Safety Committee.
Personal protective equipment (PPE) must be supplied for workers and paid for by the
employer. The workers must be thoroughly trained on how to use the equipment. Personal
protective equipment and work practices must effectively protect against transmission of diseases.
Gloves, eye protection, masks and other personal protective equipment must be designed with
sufficient quality to protect against infection.
Other barrier precautions, such as gowns and footwear should be assessed depending on the risk of
exposure within your specific workplace. The Policy and Workplace Health and Safety
Committees must actively participate in the assessment and determination of proper PPE.
Good hygiene which includes regular hand washing is essential. This must be repeated every
time you suspect a potential exposure.
Sanitation practices must be reassessed by the employer with the full participation of the
Policy and Workplace Health and Safety Committees. The procedures should include for
suspected contaminated workplace areas the cleaning of all surfaces with a broad-spectrum
disinfectant that is certified to kill viruses.
Engineering and work practice controls must also be provided. Meticulous attention must be
paid to safe work practices. For the coronavirus, it could include additional barrier designs when
dealing with potentially infected clients.
Employers must notify authorities and document all suspected work-related cases of
coronavirus.
Employers should document all potential workplace exposure, report them to the Policy and
Workplace Health and Safety Committees and keep accurate statistics.
POWERS OF JOINT HEALTH AND SAFETY COMMITTEE MEMBERS
• Union members of the joint workplace and policy health and safety committees can
request an emergency committee meeting in accordance with section 134.1 (7) for policy
committees and section 135(10) for workplace committees.
• They should demand full access to all reports, investigations, studies and inspections
based on section 134.1(4)(d) for policy committee members and section 135(7)(e) for
workplace committee members.
• A policy committee has full access to all government and employer reports, studies and
tests relating to the health and safety of the employees in the workplace (134.1(6)).
• A workplace committee also has full access to all government and employer reports,
studies and tests relating to the health and safety of the employees (135(9)).
• Any personal protective equipment must be selected with the full participation of the
policy committee members in accordance with section 134.1(4)(e) and of the workplace
committee members in accordance with section 135(7)(f).
• Policy committee members must participate in the planning of the implementation and in
the implementation of changes that may affect occupational health and safety, including
work processes and procedures (section 134.1(4)(h)).
• Workplace committee members must participate in the implementation of changes that
may affect occupational health and safety, including work processes and procedures; and
where there is no policy committee, they must participate in the planning of the
implementation of those changes (section 135(7)(i)).
WHAT MEMBERS SHOULD KNOW ABOUT THEIR HEALTH AND
SAFETY RIGHTS UNDER THE CANADA LABOUR CODE PART II
All PSAC members have the right to work in a safe and healthy workplace. As a federal worker,
you have the following rights under the Canada Labour Code Part II:
General and specific duties of the employer
The employer is responsible for your health and safety at work (section 124);
The employer must provide each employee with the information, instruction, training and
supervision necessary to ensure their health and safety at work (section 125(1)(q));
The employer must ensure that each employee is made aware of every known or foreseeable
health or safety hazard (this includes any infectious diseases) in the area where the employee
works (section 125(1)(s));
The employer must ensure that the activities of every person granted access to the workplace
(this includes members of the public) do not endanger the health and safety of employees
(section 125(1)(y));
The employer must investigate and assess the exposure to hazardous substances with the
assistance of the workplace committee or the health and safety representative (section 125.1(f));
The employer must ensure that all records of exposure to hazardous substances are kept and
maintained and that personal records of exposure are made available to the affected employees
(section 125.1(g)).
PREVENTIVE APPROACH
The Canada Labour Code part II includes two distinct ways to deal with potential workplace
exposure and existing control measures to any infectious diseases. These redress mechanisms
can be used if you believe that occupational exposure to coronavirus may occur in the
performance of your duties.
- – THE HAZARD PREVENTION PROGRAM REGULATIONS
Part XIX of the Canada Occupational Health and Safety Regulations (Hazard Prevention
Program Regulations) covers obligations concerning the identification of hazards, the
assessment of those hazards, the choice of preventive measures, and employee education.
Regulations actually specifies the legal requirements imposed by sections 125(1)(z.03) and
125(1)(z.04) of the Canada Labour Code Part II. The Hazard Prevention Program Regulations
establishes a process for workplace parties in dealing with health and safety hazards before an
injury or illness occurs. In turn, the education program within the regulations addresses specific
training needs for all employees.
The prevention and education program are the vehicle through which most of the Code and
regulatory requirements are delivered. Combined with the associated supervisor and
management training, the confirmation of the development, implementation and monitoring of
an overall prevention program forms an essential part of being able to demonstrate the “due care
and diligence” associated with demonstrating compliance with all the employer duties under the
Code.
The Hazards Prevention Program Regulations includes the following six components:
• the implementation plan;
• the hazard identification and assessment methodology;
• hazard identification and assessment;
• preventive measures;
• employee education;
• program evaluation.
An employer is required to prepare an evaluation report at least once every three years. Also,
whenever there is a change in the workplace in respect of the hazards or whenever the employer
becomes aware of new information about a particular hazard or hazards, the employer is required
to prepare a new evaluation.
Faced with a potential outbreak of any infectious diseases in Canada that may increase
your risk of exposure at work, the employer must prepare a new evaluation.
Participation of the Policy and Workplace Committees
(Sections 134.1(4)(c) and 135(7)(b), (c), and (d))
The policy health and safety committee must participate in the development and monitoring of
the implementation plan, the development of the hazard identification and assessment
methodology. The workplace health and safety committee must participate in respect to hazard
identification and assessment.
The workplace health and safety committee must also participate in the development and
implementation of the preventive measures that address the assessed hazards. The policy health
and safety committee must participate in the development and review of the education materials
established for the employees.
The policy health and safety committee must also participate in the evaluation of the
effectiveness of the hazard prevention program, and in any necessary revisions of the program.
Filing a complaint
Section 126(1)(g) of the Code requires that if you believe that any circumstance in your
workplace is likely to be hazardous to your health and safety, or that of the other employees or
other persons granted access to the work place, you must report it to your employer immediately.
Accordingly under section 125(1)(z.02), the employer must respond as soon as possible to
reports made by employees under paragraph 126(1)(g).
The Internal Complaint Resolution Process
Section 127.1(1) also states that an employee who believes on reasonable grounds that there has
been a contravention to the law or that there is likely to be an injury to health (illness) arising out
of, linked with or occurring in the course of employment must make a complaint to the
employee’s supervisor.
The Internal Complaint Resolution Process (Section 127.1(1) through (10)) must then be
followed by the employer to investigate and document the complaint up to and including the
intervention by a Labour Canada Health and Safety Officer (Inspector).
The Internal Complaint Resolution Process includes the following steps:
Step 1: A worker who believes on reasonable grounds that there has been a contravention to the
Code or that there is likely to be an accident or injury to health makes a complaint to the
supervisor (s.127.1(1));
Step 2: The worker and the supervisor must attempt to resolve the complaint between
themselves as soon as possible (s.127.1(2));
Step 3: Referral of an unresolved complaint on the initiative of either of them to a chairperson of
the workplace committee to be investigated jointly (s.127.1(3));
Step 4: The persons who investigate the complaint must inform the worker and the employer in
writing of the results of the investigation (s.127.1(4));
Step 5: The persons who investigate the complaint may make recommendations to the employer
with respect to the situation that gave rise to the complaint, whether or not they conclude that the
complaint is justified (s.127.1(5));
Step 6: If the complaint is found to be justified, the employer must in writing and without delay
inform the persons who investigated of how and when it will resolve the matter and must take
appropriate action (s.127.1(6));
Step 7: The worker or employer may refer a complaint to the Minister in the following
circumstances (s.127.1(8)):
(a) the employer does not agree with the results of the investigation;
(b) the employer has failed to take action to resolve the matter or to inform the
persons who investigated the complaint of how and when it intends to proceed; or
(c) the persons who investigated the complaint do not agree as to whether the
complaint is justified.
Step 8: The Minister shall investigate the complaint (s.127.1(9));
Step 9: On completion of the investigation, the Minister (s.127.1(10)):
(a) may issue directions to an employer or worker;
(b) may, if in the Minister’s opinion it is appropriate, recommend that the employee
and employer resolve the matter between themselves; or
(c) shall, if the Minister concludes that a danger exists as described in subsection
128(1), issue directions under subsection 145(2)
- – THE HAZARDOUS SUBSTANCES REGULATIONS
Hazardous Substances
According to subsection 122.(1) of Part II of the Canada Labour Code, “hazardous substance
includes a controlled product and a chemical, biological or physical agent that, by reason of a
property that the agent possesses, is hazardous to the safety or health of a person exposed to it.”
Biological Agents
A biological agent is an animal, an insect, a parasite or a micro-organism, such as moulds, fungi,
viruses, or bacteria that present a hazard to the health of any person who comes into contact with
it.
Part X of the Canada Occupational Health and Safety Regulations (Hazardous Substances
Regulations) outlines occupational health and safety with regard to hazardous substances in the
workplace in order to prevent accidents, injuries and occupational diseases related to them. Part
X is organized to provide you with a series of steps for developing an effective prevention
program against adverse effects of hazardous substances including potential exposure to
infectious diseases.
The goals of the COHSR in this regard specifically includes (amongst others):
• to make it mandatory to keep and maintain records and files of all hazardous substances
present in the workplace,
• to ensure that the workplace health and safety committee or the health and safety
representative is notified of any investigation of a hazardous occurrence,
• to ensure that any investigation of a hazardous occurrence includes the development of a
written procedure for controlling the hazardous substances,
Section 10.4 of the Hazardous Substances Regulations
Subsection 10.4(1)
If there is a likelihood that the health or safety of an employee in a work place is
or may be endangered by exposure to a hazardous substance, the employer shall,
without delay:
(a) appoint a qualified person to carry out an investigation in that regard;
and
(b) for the purposes of providing for the participation of the work place
committee or the health and safety representative in the investigation, notify
either of the proposed investigation and of the name of the qualified person
appointed to carry out that investigation.
A hazard investigation must be initiated when the health or safety of an employee or group of
employees may be endangered by exposure to a hazardous substance.
Following the hazard investigation and after having consulted the workplace committee or the
health and safety representative, the qualified person must prepare and sign a written report that
includes all of his or her observations and recommendations concerning the various factors that
were taken into consideration.
The hazard investigation consists of examining all hazardous substances to which employees are
exposed in order to:
a) eliminate, substitute, reduce or control them at the source,
b) develop and implement an employee education program aimed at preventing and
controlling the hazards,
c) develop a preventive maintenance program for the ventilation systems,
d) ensure that hazardous substances are stored, handled and used in a safe manner,
e) prevent overexposure to ionizing and non-ionizing radiation,
f) develop a safe work procedure for each hazardous substance, and
g) recommend medical examinations for the employees likely to be exposed.
This approach reviews all of the important aspects included in an effective prevention program.
THE RIGHT TO REFUSE DANGEROUS WORK
You can refuse to work if you have reasonable cause to believe that something constitutes a
danger to yourself or another worker or if a condition exists that constitutes a danger to yourself
(s.128(1)(a) and (b)). You can also refuse to work if you have reasonable cause to believe that
the performance of the activity by a worker constitutes a danger to yourself or to another worker
(s.128(1)(c)).
In the Canada Labour Code Part II, “danger” means any hazard, condition or activity that could
reasonably be expected to be an imminent or serious threat to the life or health of a person
exposed to it before the hazard or condition can be corrected or the activity altered.
Exercising the right to refuse dangerous work will involve the following procedure:
- Report without delay the refusal to the employer (s.128(6));
- An Initial investigation by the employer and the employee: written report (s.128(7.1));
- Health and safety committee investigation: written report to the employer (s.128(10.1));
- Employer can submit new facts to the health and safety committee and ask them to
consider amending their report (s.128(10.2)); - Employer who is in receipt of the report from the health and safety committee can
consider three options: “danger”, “no danger” or “no right to refuse” based on the fact that
these are normal conditions of employment or the refusal puts the life of someone else in
danger (s.128(13)); - Continued refusal by the worker: reports to be provided to the Minister and includes both
the initial employer report and the health and safety committee report (s.128(16));
Investigation of the refusal by the Minister of Labour - The Minister to determine if an investigation is warranted. The Minister can refer the
continued refusal to another Part of the Canada Labour Code (Part I or Part III) or even
another investigation established under another Act of Parliament (s.129(1)); - New test for the continued refusal to be considered: The Minister may decide not to
investigate if the matter is “trivial, frivolous or vexatious” or if the continued refusal is
considered by the Minister to be “in bad faith” (s.129(1)); - The Minister is then required to inform in writing the employee and the employer. The
employer must then inform the members of the committee (s.129(1.1)); - Once informed of the Minister’s decision not to proceed, the employee cannot continue to
refuse to work (s.129(1.2));
- If the Minister decides to proceed, the refusal process can continues (s.129(1.3));
- Investigation may include the employee, the employer or an employee representative
chosen by the employee (s.129(1.4); - The Minister will check for previous investigations in relation to the same employer or
involving the same issues (s.129(3.1)); - The Minister will issue a written decision to the employer and the employee considering
three options: “danger”, “no danger” or “no right to refuse” based on the fact that these
are normal conditions of employment or the refusal puts the life of someone else in
danger (s.129(4)).
- If the Minister decides to proceed, the refusal process can continues (s.129(1.3));
- Investigation may include the employee, the employer or an employee representative
chosen by the employee (s.129(1.4); - The Minister will check for previous investigations in relation to the same employer or
involving the same issues (s.129(3.1)); - The Minister will issue a written decision to the employer and the employee considering
three options: “danger”, “no danger” or “no right to refuse” based on the fact that these
are normal conditions of employment or the refusal puts the life of someone else in
danger (s.129(4)).
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