AMTA COVID-19 Update – Important WCB, OHS and CLC Information
Rob Dombowsky, AMTA Industry Advisor, Human Resources & Labour
COVID-19 is everchanging, as such WCB Alberta and OHS regularly review and update their positions and interpretations. This article provides information on a few recent WCB fact sheets that employers should be aware of as well as the potential impact of recent changes to the OHS Act.
COVID-19 at Work
WCB recently updated its employer fact sheet for Covid at Work. The most recent version explains when a COVID-19 illness would be deemed a workplace illness. In short, workers who contract the COVID-19 illness in their workplace as a result of their regular job duties will get the coverage and support, they need. The Fact sheet provides a clear explanation of how WCB will proceed in the event of a potential COVID-19 outbreak.
Employer Vaccination Mandates
WCB also released an Employer Vaccination Mandate fact sheet. Vaccination comes with some potential risk, albeit small risk, for the individual and the employer. Some employers may require their workers to be vaccinated as a condition of employment. If an employer has a vaccination mandate in place, workers are typically covered for vaccine reactions (see below).
COVID-19 Vaccine Reactions
People react to vaccinations differently. Some feel very little, while others can have adverse reactions. As such, employers need to be aware of the impact that an adverse reaction may have on a potential claim. The COVID-19 Vaccine Reaction fact sheet provides clear examples.
Essentially, if a worker chooses to be vaccinated outside work, and they had an adverse reaction, a claim would not be accepted. Where there was a mandate in place and the worker had an adverse reaction, the claim would likely be accepted. There is also the gray area, where a policy, if not duly considered, could be considered a vaccination mandate by default.
Reporting of Provincial Carriers under Alberta OHS ACT – Part 7, 33
The December 2021 update of the Alberta OHS legislation, includes the term “Illness” in Part 7 of the Act, under the reporting requirements. The language has changed to include the need to report illnesses where it’s reasonable to believe the worker will be admitted to the hospital. As such, it’s possible that a serious Covid-19 case or outbreak could become a Potentially Serious Incident and therefore reportable to OHS as soon as possible as well as reported to WCB within 72 hours. In the event of a death due to
In the event of a death due to COVID-19, employers would need to report as soon as possible. To report a PSI or death call OHS toll-free at 1-866-415-8690 (emergency services 24 hours).
Reporting of COVID-19 for Federal Regulated Carriers
Federally regulated employers have reporting requirements as well. Federal carriers must report COVID-19 within 14 days, in writing. COVID-19 is considered a temporary, disabling injury. As such the employer must conduct an investigation, and then prepare the written report using the Hazardous Occurrence Investigation Report. In addition, employers will need to report to WCB within 72 hours.
In the event of a death due to COVID-19, employers would need to report within 24 hours. Call the Canada Labour Program toll-free at 1-800-641-4049 (emergency services 24 hours).
AMTA Additions
Some employers under federal jurisdiction are subject to the federal vaccine mandate, as such have some level of legal protection from employees seeking legal recourse. Employers at this level can point to the fact that the federal government mandated vaccination and not the employer itself.
Provincially regulated employers in most cases do not enjoy the same level of protection, as the Government of Alberta has not issued a Mandate to the general public. Employers considering their own vaccine mandate, must be careful and ensure they have consulted a Lawyer.
Our Services
AMTA can provide members with one-on-one guidance on the information provided in this article. If you have any questions, please contact AMTA and our experienced staff will be happy to help. For your Safety, Compliance, and Human Resources questions, please email Member Services at memberservices@amta.ca. For more information regarding COVID-19 please contact Rob Dombowsky at AMTA (403) 214-3439.