November 9, 2009
The H1N1 Flu Virus and Your Rights at Work
As the number of reported cases of Influenza Type A (H1N1) rises in Canada and worldwide, PSAC members are increasingly concerned for their health and safety at work.
All PSAC members have the right to work in a safe and healthy workplace. The purpose of this health and safety bulletin is to ensure that our members know what their health and safety rights are when dealing with their employer.
What is the H1N1 Flu Virus?
The H1N1 flu virus has been reported around the world and the World Health Organization (WHO) has declared it a pandemic influenza virus. H1N1 is a strain of the influenza virus that in the past, usually only affected pigs. In the spring of 2009, it emerged in North America. This is a new strain of influenza and because humans have little to no natural immunity to this virus, it can cause serious and widespread illness.
It is important to realize that different strains of influenza result in about 2,000-8,000 Canadian deaths a year. We must take all influenza outbreaks – not just the current strain – seriously. This means taking measures to protect ourselves. More investigation is needed on how easily the virus spreads between people, but it is believed that it is spread the same way as regular seasonal influenza.
Influenza and other respiratory infections are transmitted from person to person when germs enter the nose and/or throat. Coughs and sneezes release germs into the air where they can be breathed in by others. Germs can also rest on hard surfaces like counters and doorknobs, where they can be picked up on hands and transmitted to the respiratory system when someone touches their mouth and/or nose.
For a complete list of symptoms and additional technical information, please refer to the Public Health Agency of Canada (http://www.phac-aspc.gc.ca).
Six things workers need to know:
-
Know what steps your workplace has in place for a pandemic. Ask if there is a business continuity plan. Find out what role you have in this plan.
-
Participate in any training and education your workplace offers. During a pandemic, it will be essential for various workers to be able to cover some of the duties normally done by co-workers. Help train others to do aspects of your job as well.
-
Know what “leave” policies your workplace has in place for sick leave, or for caring for your family. Knowing what options are available ahead of time will help you know what arrangements you need to make.
-
Wash your hands after using the washroom, before eating, and after touching common surfaces such as doorknobs, railings and telephones. Do not touch your eyes, mouth or nose, as this helps the virus enter your body more easily. Follow personal hygiene steps such as coughing into your arm, to help slow the spread of the virus.
-
Have a home emergency kit and a personal or family plan for a pandemic. Write down and post your family and work contact information. If you are at home with the flu, or to take care of a family member, be sure to keep in touch with your workplace so they know what your situation is. Also, let your workplace know if you have any medical conditions that may be an issue should you get sick at work.
-
Stay home if you have the flu – or think you have the flu. Staying home when sick and washing your hands are the most effective ways to help slow the spread of a virus.
Pandemics and workplace laws
Due diligence is commonly addressed in health and safety legislation under the "general duty clause," which places a duty on employers to take all reasonable precautions to prevent injuries or accidents in the workplace. The general duty clause also applies to all situations that are not addressed elsewhere in the occupational health and safety legislation.
For example, to reduce the effects of a pandemic, an employer should practice due diligence by:
- Encouraging good hygiene, including hand washing. This includes providing hand sanitation stations.
- Ensuring cleanliness of surfaces where the virus may reside (door handles, elevator buttons, shared telephones, etc.).
- Maintaining good ventilation.
- Having up-to-date sick or leave policies that are clearly communicated to staff.
- Encouraging employees to stay home when they are sick.
- Allowing for employees to work at home or in staggered shifts.
- Having a policy where people with flu symptoms are not allowed access to the workplace – this includes workers, contractors and visitors.
Employers have a responsibility to provide appropriate H1N1-related training and education to all of their employees.
Workplace health and safety committees have a legal right to participate in the development of any workplace prevention and preparation strategies dealing with H1N1.
PSAC members who sit on joint health and safety committees should request that a special meeting be called in order to review the workplace pandemic influenza plans that should be already in place.
Likewise, in smaller workplaces, where there is no committee, the PSAC member who is the health and safety representative for the workplace should request a meeting with the employer in order to review these plans.
All Treasury Board employees should refer to the Treasury Board website for additional information on H1N1 (http://www.tbs-sct.gc.ca/h1n1/index-eng.asp).
Can workers refuse to work?
Workers have the right to refuse work if they have a specific reason and believe that performing the work is dangerous to their health and safety or to the health and safety of their coworkers. This belief must be based on reasonable grounds, and the employer is expected to attempt to resolve the situation.
It is unclear how this right will apply during a pandemic. Workers can choose to exercise their right to refuse work. This refusal would trigger a resolution process and prevention measures should be implemented. Exactly how the refusal is resolved, however, will depend on the workplace and each separate situation.
Can I decide to work from home to avoid getting sick?
It is up to your employer to review and approve any request to telework. Under the Treasury Board Telework Policy, employees of the core public administration can be authorized to perform the duties of their position at an alternative location, usually the employee's home.
If a worker has H1N1 virus symptoms, how will leave provisions be applied and will a medical certificate be required?
If workers report to work with clear symptoms of infection, they should be sent home and/or referred to a medical treatment facility. Their absence from the workplace should be covered by sick leave. If the worker does not have sufficient sick leave credits, management should consider advancing sick leave credits in accordance with the collective agreement.
A doctor's certificate should only be required in limited circumstances. With public awareness of the flu at such heights, most employers are starting to understand the importance of staying home when sick.
Am I allowed to take time off to get vaccinated?
According to the Treasury Board website, if time away from work is required, departments should consider such time as a "periodic medical appointment,” which would therefore not be charged against an employee's sick leave bank. Since this is only a recommendation to departments and agencies, workers should check with their immediate supervisor before requesting such leave.
Reassignment of Pregnant Workers and H1N1
One group of workers that have been identified as possibly being at greater risk of severe illness are pregnant workers.
Under section 132 of the Canada Labour Code, Part II, a pregnant or nursing worker can cease to perform her job with full pay and benefits if she believes that continuing any of her current job functions could pose a risk to her health or that of the foetus or child.
The employer can, in consultation with the worker, reassign her to another job that would not pose a risk to her health or to that of the foetus or child.
During this period, the worker should receive the same wages and benefits, whether or not she has been reassigned to another job that does not pose the risk mentioned above.
This section is only designed to cover a very limited period extending from the moment when a pregnant or nursing worker believes she could be exposed to a dangerous workplace hazard and stops as soon as a medical certificate is issued by a qualified medical practitioner of her choice.
Coverage is then provided under sections 204, 205, 205.1 and 205.2 of the Canada Labour Code, Part III or the Treasury Board Policy, Chapter 13, Maternity-related Reassignment or Leave. The coverage provided under Part III of the Code and the Treasury Board Policy is limited to a right to job modification or reassignment to a safer job. If it is impossible to modify the job or reassign the pregnant or nursing worker, leave without pay is available.
There has still been no commitment from the federal government to establish a complete maternity protection regime similar to the one in Quebec. PSAC is continuing to advocate for improved protection for pregnant and nursing workers.
Date Modified : 2010/01/29
