Friday, May 29, 2009
12:30 p.m. – 2:00 p.m. EDT
Playback: Tuesday, June 2, 3:30 p.m. – 5:00 p.m. EDT

Michael Lynk

Arbitrator/Mediator

Cheryl Edwards

Employer Counsel
Heenan Blaikie

Anne Gregory

Union Counsel
Canadian Union of Public Employees

John Murphy

President
Resource Environmental Associates Limited

ISSUES:

The World Health Organization issued a warning earlier this month that the latest influenza outbreak, while currently mild, could worsen and infect up to two billion people around the world. What are the legal rights and obligations of employers and workers in dealing with a potential pandemic? In this discussion, an expert panel of labour and management counsel will analyse the implications of epidemic planning and preparedness from a variety of perspectives. Questions to be discussed will include:

• Can employers test employees who exhibit flu-like symptoms? Can employers conduct random testing of employees for an infectious disease during an epidemic? Can an employer force diagnosed or symptomatic employees to remain off work until a medical certificate of fitness to return to work is provided?
• Can employers require employees to receive vaccinations or provide proof of immunization when there has been a community outbreak or a workplace outbreak?
• When an employee has been exposed to an infected person, or has travelled to a highly infected area, can the employer force him or her to remain off work in order to prevent the potential spread of the virus? Can the employee refuse? Would such a leave of absence be paid?
• Can an employee go into self-imposed quarantine? Can the employee take emergency or sick leave, for longer than the period provided in employment standards legislation or collective agreement, without suffering reprisal from the employer? Which employees qualify for sickness benefits under the Employment Insurance Act, while in quarantine? Is a doctor’s note required for the quarantine period under EI legislation?
• Can employers require employees to report whether they have been diagnosed with the epidemic illness or exposed to a potentially infected individual? Can the employer discipline an employee who fails to report being infected or exposed? Can the employer share this information with others in the workplace, in order to prevent spreading of the virus?

The SARS outbreak, despite its debilitating effects, taught us several practical lessons. And perhaps the most significant among them is to be prepared for the possibility of a serious epidemic in the future. In this regard, the following questions will be addressed:

• What lessons can be learned from the SARS epidemic with respect to the health and safety of health care workers and other front-line employees? Can these workers refuse to work during a pandemic? Can they insist on wearing personal protective equipment? Can health care employees refuse to treat patients infected with an epidemic illness? Have any of the recommendations of the SARS Commission Final Report (the “Campbell Commission”) been implemented?
• What is the role of the Joint Health and Safety Committee (JHSC) in the assessment and investigation of hazardous substances, such as influenza A (H1N1), in the workplace? Must the employer consult with the JHSC in the development, implementation and monitoring of hazard control policies and programs in the workplace?
• What liabilities do employers potentially face under tort law for failure to protect employees from a hazard such as the flu? What liabilities do they face under occupational health and safety legislation? Is an employee who contracted an epidemic illness from the workplace entitled to workers’ compensation benefits?
• Can contracting an epidemic disease be considered a “disability” under human rights legislation? Do employers have a duty to accommodate employees who have contracted the disease or have been exposed to it? If so, what must they do to meet that duty?

This Audio Conference has been approved by the Law Society of B.C. for 1.5 hours of 2009 Continuing Professional Development credits, and by the Law Society of Upper Canada for 1.5 hours towards the professional development requirement for certification.

$195, plus GST (Registrations must be paid in advance of the audio conference). Registration costs are per listening site/telephone, so you can have any number of people listening at your location for one low price. Click here for registration information.