Questions and Answers about H1N1 Flu Virus

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* An asterisk indicates a new question and answer.

Human Resources Issues: Responsibilities and Rights

Q1. Who is responsible for the occupational health and safety of CFIA employees?

Under the Canada Labour Code (Code), Part II, the employer (manager/supervisor) is responsible for the occupational health and safety of his/her employees.

Under the Code, employees also have a role to play to ensure their own occupational health and safety as well as the occupational health and safety of other employees and any person likely to be affected by their acts or omissions.

Human Resources and Skills Development Canada's Labour Program created a brochure Pamphlet 2A - Employer and Employee Duties, which outlines the duties of both the employer and employees.

Q2. How is the CFIA working to protect its employees?

The CFIA is proactively providing information to its employees on how to protect themselves against the H1N1 flu virus, including general public health information provided by the Public Health Agency of Canada and Occupational Health and Safety Advisories issued by Health Canada's Workplace Health and Public Safety Programme.

CFIA staff who come into contact with swine have been advised to take the usual biosecurity precautions when dealing with animals in transit or in production barns, farms, and slaughter houses.

Q3. As a manager, what are my responsibilities in the context of the H1N1 flu virus?

Managers are responsible at all times, both by policy and by law, to provide their employees with a healthy and safe work environment. In the context of the H1N1 flu virus, managers must remain informed of orders, directions and guidance issued by the Public Health Agency of Canada, Health Canada, and the CFIA. They also have the duty to inform their employees of these orders, directions and guidance.

Managers can obtain advice from their Occupational Health and Safety Coordinator regarding health and safety processes and procedures but, as a minimum, must familiarise themselves with their responsibilities in dealing with an employee's right to refuse dangerous work, and/or occupational health and safety complaint. These processes are set out in the Canada Labour Code and are explained on the Human Resources and Skills Development Canada web page on occupational health and safety.

Q4. How can managers/supervisors address the high level of anxiety that some employees may be experiencing?

Under circumstances such as these, it is natural to experience anxiety. Employees may wish to speak to their manager/supervisor, who will be able to advise them on what services are available to help employees, including programs such as the Employee Assistance Program.

Q5. Is the manager/supervisor obligated to pay for transportation of an employee who becomes sick at work?

Section 16.2 of the National Joint Council's Occupational Safety and Health Directive, Part XVI, states the following:

"Where it appears that a physician's attention may be required, the employee shall be promptly referred to a medical treatment facility, and the employer shall ensure that suitable transportation and escort, if required, is arranged. Any ambulance or other transportation costs shall be borne by the employer."

Consideration must also be given to alternative methods of transportation (taxi, family member, co-worker, etc.) for non-medical emergencies to ensure that an employee is provided with safe means of transportation, knowing that the employee is in no condition to drive home alone or to take public transportation safely.

Q6. As a CFIA employee, what are my responsibilities in the context of the H1N1 flu virus?

Employees are responsible for following their management's directions regarding reporting to work and workplace health procedures in the context of the H1N1 flu virus. In addition, employees have the responsibility to inform themselves by consulting information provided by health authorities and by their employer, such as Fightflu.ca.

Section 126 of the Canada Labour Code outlines reasonable expectations for all employees regardless of their position in the organization. Employees' duties include, among others:

• using safety equipment provided to them,
• complying with all instructions from the employer concerning the health and safety of employees, and
• co-operating with any person carrying out a duty set out in the Code.

Employees must also report to the employer any thing or circumstance in a work place that is likely to be hazardous to the health or safety of employees or other persons granted access to the workplace by the employer.

To avoid spreading the virus to colleagues and others in the workplace, employees who have symptoms of the H1N1 flu virus should stay at home as long as they present symptoms or as long as directed by their doctors.

Q7. What are the employees' rights?

Employees have specific rights related to working conditions and leave provisions that are outlined in collective agreements and CFIA policies. If employees require assistance in understanding these provisions, they should talk to their manager/supervisor or their union representative.

In addition, employees have three specific rights stemming from the Canada Labour Code, Part II, in relation to their health and safety in the workplace:

• the right to know,
• the right to participate, and
• the right to refuse dangerous work.

Human Resources and Skills Development Canada's Labour Program created a brochure, Pamphlet 1 – Summary, which contains general information on the Code, Part II. The three rights mentioned above are explained in this brochure.

Q8. Am I expected to report to work in the context the H1N1 flu virus?

Agency employees will be expected to report to work unless advised otherwise by their management, based on the advice of health authorities.

Q9. Do I have the right to refuse to work for health and safety reasons?

Under the Canada Labour Code, employees have the right to refuse to do a job if there is reasonable cause to believe that the job presents a danger to themselves or another employee. Employees must be at work in order to legitimately refuse to work.

Part II of the Code, which deals with health and safety in the workplace, sets out steps for an employee to follow. Human Resources and Skills Development Canada's Labour Program created a brochure, Pamphlet 4 – Right to Refuse Dangerous Work, that explains the process.

Q10. What can I do if my work involves close contact with regulated parties or members of the public (e.g. less than one metre)?

Health Canada's Workplace Health and Public Safety Programme's recommendations are as follows:

• Maintain a distance of two metres from the person who is ill. Social distancing strategies are non-medical measures intended to reduce the spread of disease from person to person by discouraging or preventing people from coming into close contact with each other.
• Frequent and careful handwashing is important, especially after handling documents from an ill person. Wash with soap and water. If running water is not easily available and hands are not visibly soiled, use alcohol-based hand sanitizer lotion.
• Avoid touching your face, mouth, nose and eyes with unwashed or gloved hands.
• Regularly clean and disinfect surface contact material to minimize the spread of the virus.

Q11. What do I do if I think a person I am coming into contact with is ill?

You should bring this to the attention of your supervisor/manager, who will decide on the best way to provide the service to the person, such as via Internet, telephone, or mail.

Health authorities will continue to provide advice on appropriate measures to take to protect the health of employees and to stop the spread of the virus.

Q12. Will CFIA employees be receiving a mask and gloves?

At the present time, Health Canada has determined that masks and gloves are not required for normal interactions with individuals without symptoms.

CFIA employees who are required to work in close proximity to animals will be provided with the protective equipment they need as per usual biosafety and biosecurity protocols.

Q13. Would CFIA employees who insisted on wearing a mask be disciplined?

No. Even though, at the present time, Health Canada has determined that masks and gloves are not required for normal interactions with individuals without symptoms, the there will be no disciplinary action if an employee insists on wearing a mask.

Q14. At what point will the CFIA tell employees not to report to work?

At this time it is impossible to say when or if public service employees may be instructed not to report to work. Any decision on office closures will be based on the directives given by public health authorities.

The Government of Canada will ensure that societal disruption and illness are minimized and that critical services are maintained. The CFIA would play an important role in the maintenance of these services.

Therefore, employees suspected of having the virus or of being in the incubation stage may be asked not to report to work and advised to seek medical attention.

If it is confirmed that these employees do have the virus, consideration will be given to sending their co-workers in their work units home to minimize the risk of infection.

Q15. Do I have the right to refuse to attend meetings and other workplace gatherings if I suspect that I could risk being contaminated with the H1N1 virus?

Managers can consider alternatives to meetings and gatherings such as teleconferencing or emailing.

Q16. Will CFIA set up workplace flu clinics?

Two types of flu clinics should be distinguished: the yearly, seasonal flu clinic and the administration of an H1N1 vaccine.

Discussions are currently underway on the administration of the H1N1 flu vaccine between the Government of Canada and provincial and territorial authorities.

Q17. Will I be permitted to take time off to get vaccinated?

Generally, flu clinics have convenient hours and employees wishing to be vaccinated are encouraged to do so after work hours. However, if time away from work is required, the Agency will consider such time as a "periodic medical appointment", which would therefore not be charged against an employee's sick leave bank.

*Q18. Can I request to stay home if I fear being infected or exposed to H1N1 in the workplace?

The Public Health Agency of Canada and Health Canada does not recommend self-imposed quarantine as a preventative measure against H1N1. Employees are responsible for following their management's directions regarding reporting to work and workplace health procedures in the context of the H1N1 flu virus.

Each employee's circumstances will be reviewed on a case-by-case basis. Communication between employees and managers is essential. If an employee requests to voluntarily isolate themselves, they may request certain types of leave (e.g. accumulated compensatory leave or annual leave), subject to management's approval and according to the provisions of the employee's collective agreement or terms and conditions of employment. Finally, it is the manager's discretion to consider requests for alternative working arrangements subject to operational requirements.

*Q19. If an employee advises management that they have been diagnosed with the H1N1 virus, what are the obligations of the manager to ensure an employee's privacy, while balancing the well-being of the rest of the team?

The manager must protect the employee's personal and/or medical information and normally must not share specific information about the employee. If there are exceptional circumstances where disclosure is being considered, managers must consult with the Access to Information and Privacy (ATIP) and Legal Advisors of the CFIA.

The well being of other employees is best protected by regular reminders to staff of the key principles of reducing their chances of infection through tips listed on Fightflu.ca.

*Q20. Can a supervisor request an employee confirm if they have H1N1?

No, not in the vast majority of situations. However, there may be very exceptional circumstances where legal authority exists for the collection of such information. Prior to collection, consultation should take place with the Access to Information and Privacy (ATIP) and Legal Advisors of the CFIA.

*Q21. What is the preferred approach when an employee insists on wearing a mask as a precaution against contracting the H1N1 virus – contrary to the science-based advice from the health authorities?

In order for management to carry out a proper risk analysis, dialogue and information sharing will be essential so that interested parties share up-to-date facts as well as any pertinent factors based on activities carried out by an employee.

Should an employee continue to wear a mask, in spite of the latest health advice and contrary to management's risk analysis, management should make an effort to discuss and educate the employee as to the possible negative health impacts. For example, some may use masks incorrectly, or contaminate themselves when putting masks on and taking them off, which could actually increase the risk of infection. As the health advice does not support the use of masks (except in limited circumstances), the employee should understand that the mask is not a work requirement. If the employee still refuses to remove the mask, the manager should discuss further with his or her human resources advisor. To address an employee's underlying concerns, options such as reassignment or telework may be considered based on operational requirements.

*Q22. How do we manage situations where public transit services are interrupted or reduced as a result of H1N1?

Employees are responsible for making arrangements for getting to and from work. Management should make every effort to accommodate requests from employees while they sort out their alternative arrangements. This could include:

• modifying normal starting and finishing times;
• work at home/telework;
• compressed working hours; and,
• facilitating car/bus pools of groups of employees.

*Q23. How do we manage situations where employees choose to avoid public transportation for fear of becoming infected with the H1N1 virus?

There is currently no public health advice recommending that individuals should avoid using public transportation. An employee who has such concerns remains responsible for making arrangements for getting to and from work.