The following article is a simplified interpretation of various aspects of employment law in British Columbia related to the ongoing COVID-19 pandemic as well as associated effects on the safety of workplaces in the province. We advise readers to visit WorkSafeBC to gain a full understanding of how to best address safety concerns involving COVID-19 in their workplaces. This article is not intended as legal advice.
With greater vaccine availability and the easing of eligibility requirements, many British Columbians are rolling up their sleeves and heading to a nearby clinic or health unit to be immunized against COVID-19. A critical aspect of the fight against COVID-19, increased vaccination rates in B.C. and beyond are linked to dramatically decreased case counts, hospitalizations and deaths associated with the ongoing pandemic.
However some individuals are unable to receive a vaccination against COVID-19 for medical reasons, while others are unwilling to be vaccinated for various reasons. Many employers, seeking to safeguard their workplaces from possible COVID-19 infections, wish to see all of their employees receive vaccinations – are they able to mandate this?
This question does not have a straightforward yes-or-no answer. The short answer is most likely yes, but only if certain criteria are met. At the time of writing, the provincial government has not passed any legislation that mandates vaccines for employees, nor has it published any guidelines that would assist employers in navigating this constantly changing legal landscape. Instead, employers seeking to mandate vaccinations for their employees must use legal precedents that already exist in employment law.
In layman’s terms, this involves employers balancing their legal duties in providing safe workplaces against various human rights concerns – including bans against discrimination based on disabilities or religious grounds, in addition to upholding the rights of employees to their privacy.
It is also important to remember that not all workplaces are the same. Workplaces that involve close contact amongst employees or with customers may be more successful in demonstrating the necessity of mandatory vaccinations to WorkSafeBC. For example, employees in certain industries (such as flight attendants, pilots etc) involving air travel on flights that may require all onboard to be vaccinated will necessitate mandatory immunization as a de facto requirement.
Having a legal basis for enforcing mandatory COVID-19 vaccinations amongst employees requires them to be necessary in order to provide a reasonably safe workspace. With that in mind, it is important for employers to note the differences between reasonably safe and completely safe workspaces. It would be fair to say that requiring employees to receive vaccinations against COVID-19 would be necessary for a completely safe workspace, but that is not what the law requires. In most workplaces, less invasive safety measures such as sanitization, face coverings and physical distancing are sufficient to establish a reasonably safe workplace, which is what the law requires employers to provide.
Please call us at 250-544-0727 or email us at info@saanichtonlaw.com today to find out more about the legal services we provide and how we can assist you.
