A poll by KPMG suggests most small and medium-sized businesses are planning to make COVID-19 vaccinations mandatory for all employees that can get them.
"Businesses are grappling with how to navigate the issue of mandatory vaccination and determine whether or not they are legally permitted to require their employees, and in some cases, their customers, to provide proof of vaccination," says Partner, Employment and Labour Law at KPMG Law LLP, Norm Keith.
The firm polled 505 Canadian business owners and decision-makers online between August 6 and August 15.
Key findings of the poll indicate 62 per cent are working on plans to implement mandatory vaccination for employees, and 84 per cent believe vaccines are the key to avoiding another lockdown. Eighty-four per cent also support vaccine passports.
Nine out of ten also think they are well-prepared to invite their workers back to the workplace.
The challenge for businesses comes if an existing employee is unwilling to vaccinate or provide proof they have had the shots.
"While some workplaces have taken steps to make proof of vaccination mandatory, others feel unless mandated by the government, it may be too onerous for them to make it a condition of continued employment," continued Keith. "Employers need to balance their health and safety legal duties with an employee's privacy interest and human rights law protections."
He said businesses need to consider their obligation to keep workers safe while balancing exemptions based on disability and religious belief. Both are protected by human rights law.
There are compromises. Keith said business owners might consider alternatives like rapid testing, social distancing, and minimizing the time one worker has to be close to others. He suggested listening to employee concerns and enlisting workplace joint health and safety committees to develop clear policies.
Employers also have a legal responsibility to be reasonable about accommodations to avoid constructive dismissal claims.
"In general, we recommend that employers receive legal advice when putting in place any COVID-19 safety measures to reduce a wide range of risks. This includes implementation of a vaccination policy that communicates employer commitments and expectations for employee safety," said Keith.
