b'LEGAL COLUMNalternatives to vaccination if a workerprovide advance notice of the effectiveCAN AN EMPLOYER COLLECT elects not to be vaccinated. Optionsdate of the vaccination policy. Note: aINFORMATION ABOUT COVID-19 could include an unpaid leave oflonger period of advance notice mayVACCINATION STATUS FROM absence, continued use of PPE or otherassist to reduce potential liability if aITS WORKERS, EVEN IF NOT measures to reduce potential COVID-19worker claims the policy requirementsMANDATING VACCINATION?transmission in the workplace. constitute a constructive dismissal. Even if an employer does not mandate An effective COVID-19 vaccinationFor unionized employees, an employervaccination, it may still want to policy rollout will: might also consider seeking the unionscollect information about its workers vaccination status for health and safety orencourage optional vaccination throughinput prior to rolling out a policy tocommercialpurposes. education and incentives (if applicable)minimize the potential for a policy prior to mandatory vaccination; and grievance later. Requiring an employee to disclose vaccination status as a condition of employment is permissible, subject to the same legal considerations addressed above, with one more factor to consider. If the information is collected to advertise or promote the business as fully vaccinated, for example, an employer must obtain Customized Accessconsent from each employee prior to disclosing this information to thepublic. Scaffold Solutions IS A CONSTRUCTION WORKPLACE PERMITTED TO RELAX ITS MASKING, PHYSICAL DISTANCING AND OTHER PUBLIC HEALTH AND SAFETY MEASURES IF IT CAN CONFIRM ALL EMPLOYEES HAVESuspended StairShoringBEEN VACCINATED?Towers The vaccination status of employees withinMaterial Hoists a workplace does not (currently) impact theHeavy Duty health and safety requirements mandatedOverheadPool Spans by law. They apply regardless. ProtectionKeith Burkhardt is a lawyer with Sherrard Kuzz LLP, one of CanadasEdge Protection/Debris Chutes leading employment and labour law firms Fencing representing employers. Keith can be reached at 416.603.0700 (Main),416.420.0738 (24-hour) or by visiting www.sherrardkuzz.com. The information contained in this article is provided for general information purposes only and does not constitute legal or other professional advice, nor does accessing this information create a lawyer-client relationship. This article is current as of April 2021 and applies only to Ontario, Canada 65 Hymus Road, Toronto, Ontario M1L 2C6 or such other laws of Canada as expressly indicated. Information about the law is Tel: 416.285.5222Fax: 416.285.7647 checked for legal accuracy as of the date the Toll Free: 1.866.872.9431article is prepared, but may become outdated www.donfryscaffold.com as laws or policies change. For clarification or for legal or other professional assistance, please contact Sherrard Kuzz LLP. 12THE OFFICIAL PUBLICATION OF THE SCAFFOLD INDUSTRY ASSOCIATION OF CANADA'