b'UNIONIZED EMPLOYEES Debris NettingIn a unionized workplace, a mandatory vaccination policy may be challenged as a violation of the collective agreement. In that case, an employer must establish the policy is reasonable for health and safety purposes or other workplace factors.At present, there is no reported case law on the reasonableness of a COVID-19 vaccination policy. However, there are a number of arbitration decisions in which an employers influenza vaccination policy was found to be reasonable. While the respective vaccination policies differed slightly in each decision, they shared the following common features:They were implemented in the health-care sector and, in most cases, applied to health-care workers who provided direct care to vulnerable populations.In the event of an outbreak of influenza, an employee was not permitted to work unless vaccinated or the employee had begun an anti-viral prophylaxis regimen (and remained out of the workplace for a specified period of time after beginning the regimen).An employee not permitted to work was kept out of the workplace only for as long as the outbreak. 6 ColoursThe policy was non-disciplinary and provided options to an employee who refused to be vaccinated, including taking the5 Sizesprophylaxis treatment, taking an unpaid leave of absence or, in some cases, accessing vacation credits or banked time to3 Materialsoffset the financial impact. Flame retardantThe circumstances surrounding COVID-19 are not identical to that of general influenza; for example, there does not yet appear to be a discrete COVID-19 season. Nevertheless,Privacy Fencingthe influenza decisions offer some helpful insight into the factors an arbitrator might consider when assessing whether a vaccination policy is reasonable.PRACTICAL TIPSA clear and concise COVID-19 vaccination policy and rollout strategy can help reduce legal risk and encourage vaccination within the workplace. At minimum, a COVID-19 vaccination policy should: s tate why COVID-19 vaccination is a reasonable requirement in4 Coloursthe workplace (e.g. in light of the nature of the work performed,3 Sizesrisk to other employees and members of the public, etc.); identify what vaccination information will be collected andhow it will be used, stored and destroyed; outline the steps a worker should take if they require accommodation due to a medical condition, religious belief or other human-rights-protected ground; and www.enscaf.com877-687-1215clarify if vaccination is required as a condition of employment. If not (or if vaccination is being required by aToronto and Edmontongeneral contractor or site owner), identify non-disciplinary ACCESS CANADA SPRING/SUMMER 202111'