Infectious Illness – Know The Laws Of Your Province
Infectious illness regulations are vital for ensuring workplace health and safety by preventing the spread of contagious diseases. These regulations require employers to implement exposure control plans, provide protective equipment, and ensure safe handling, storage, and disposal of infectious materials. Key measures include vaccination programs, engineering controls, personal protective equipment, and training for workers on infection prevention protocols. Employers must also develop emergency response plans and report incidents of occupational exposure. While general safety principles are consistent across Canada, specific regulations vary by province and territory to address unique workplace environments and public health risks. Compliance with these regulations minimizes exposure, prevents outbreaks, and promotes a safe and healthy working environment.
In Canada, employers must address work-related illness, injury, and hazardous occurrences under the Canada Labour Standards (Section 34) and Occupational Health and Safety Regulations (Sections 15.4-15.10, 16.2 and 16.3). They must ensure safe return to work, investigate hazards, report serious incidents within 24 hours, and submit annual injury reports by March 1. First aid attendants are required in workplaces with six or more employees, with specialized training for remote sites.
Work-Related Illness and Injury
(1) The employer’s obligation under subsection 239.1(3) of the Act begins on the date that, according to a certificate from the health care practitioner authorized by the plan the employer subscribes to under subsection 239.1(2) of the Act, the employee is fit to return to work with or without qualifications, and ends 18 months after that date.
(2) Where, within nine months after an employee’s return to work in accordance with subsection 239.1(3) of the Act, an employer lays off or terminates the employment of that employee or discontinues a function of that employee, the employer shall demonstrate to a Head of Compliance and Enforcement that the layoff, termination of employment or discontinuance of function was not because of the absence of the employee from work due to work-related illness or injury.
(3) Where the employer cannot return an employee to work within 21 days after the date of receipt of the certificate referred to in subsection (1), the employer shall, within those 21 days, notify in writing the employee and, where the employee is subject to a collective agreement, the trade union representing the employee, whether return to work is reasonably practicable and, if not, the reasons therefor. Section 34 (1) to (3).
Part XV – Hazardous Occurrence Investigation, Recording and Reporting
Investigations
(1) Where an employer becomes aware of an accident, occupational disease or other hazardous occurrence affecting any of his employees in the course of employment, the employer shall, without delay,
(a) appoint a qualified person to carry out an investigation of the hazardous occurrence;
(b) notify the work place committee or the health and safety representative of the hazardous occurrence and of the name of the person appointed to investigate it; and
(c) take necessary measures to prevent a recurrence of the hazardous occurrence.
(2) Where the hazardous occurrence referred to in subsection (1) is an accident involving a motor vehicle on a public road that is investigated by a police authority, the investigation referred to in paragraph (1)(a) shall be carried out by obtaining from the appropriate police authority a copy of its report respecting the accident.
(3) As soon as feasible after receipt of the report referred to in subsection (2), the employer shall provide a copy of the report to the workplace committee or the health and safety representative. Section 15.4 (1) to (3).
Telephone or Fax Reports
The employer shall report to the Head of Compliance and Enforcement, by telephone or fax, the date, time, location and nature of any accident, occupational disease or other hazardous occurrence referred to in section 15.4 that had one of the following results, as soon as feasible but not later than 24 hours after becoming aware of that result:
(a) the death of an employee;
(b) a disabling injury to two or more employees;
(c) the loss by an employee of a body member or a part thereof or the complete loss of the usefulness of a body member or a part thereof;
(d) the permanent impairment of a body function of an employee;
(e) an explosion;
(f) damage to a boiler or pressure vessel that results in fire or the rupture of the boiler or pressure vessel; or
(g) any damage to an elevating device that renders it unserviceable, or a free fall of an elevating device. Section 15.5.
Records
(1) The employer shall, within 72 hours after a hazardous occurrence referred to in paragraph 15.5(f) or (g), record in writing:
(a) a description of the hazardous occurrence and the date, time and location of the occurrence;
(b) the causes of the occurrence; and
(c) the corrective measures taken or the reason for not taking corrective measures.
(2) The employer shall, without delay, submit a copy of the record referred to in subsection (1) to the work place committee or the health and safety representative. Section 15.6 (1) (2).
Minor Injury Records
(1) Every employer shall keep a record of each minor injury of which the employer is aware that is sustained by an employee in the course of employment.
(2) A record kept pursuant to subsection (1) shall contain:
(a) the date, time, and location of the occurrence that resulted in the minor injury;
(b) the name of the employee affected;
(c) a brief description of the minor injury; and
(d) the causes of the minor injury. Section 15.7 (1) (2).
For more information:
- Written Reports. Section 15.8.
- Annual Report. Section 15.10.
Part XVI – First Aid
General
- First Aid Attendants. Section 16.3 (1) to (4).
Further details on the Canada Labour Standards Regulations and Canada Occupational Health and Safety Regulations can be found at Justice.Gc.Ca and Justice.Gc.Ca.
In Alberta, employers must comply with hazard assessment, exposure limits, biological hazards, and employee leave provisions under the Occupational Health and Safety Code (Sections 7, 16-18, 21 and 526 to 530) and Employment Standards Code (Section 53.96-53.974). Employers must identify and mitigate workplace hazards, control worker exposure to harmful substances, and ensure safe handling of biohazards. Additionally, employees are entitled to critical illness leave (up to 36 weeks) and long-term illness leave (up to 16 weeks), with reinstatement rights upon return.
Part 2 – Hazard Assessment, Elimination, and Control
Hazard Assessment
(1) An employer must assess a work site and identify existing and potential hazards before work begins at the work site or prior to the construction of a new work site.
(2) An employer must prepare a report of the results of a hazard assessment and the methods used to control or eliminate the hazards identified.
(3) An employer must ensure that the date on which the hazard assessment is prepared or revised is recorded on it.
(4) An employer must ensure that the hazard assessment is repeated:
(a) at reasonably practicable intervals to prevent the development of unsafe and unhealthy working conditions,
(b) when a new work process is introduced,
(c) when a work process or operation changes, or
(d) before the construction of significant additions or alterations to a work site. Section 7 (1) to (4).
Part 4 – Chemical Hazards, Biological Hazards, and Harmful Substances
Worker Exposure to Harmful Substances
(1) An employer must ensure that a worker’s exposure to any substance listed in Schedule 1, Table 2 is kept as low as reasonably achievable.
(2) An employer must ensure that a worker’s exposure to any substance listed in Schedule 1, Table 2 does not exceed its occupational exposure limits listed in Schedule 1, Table 2.
(2.1) The amended occupational exposure limit for coal dust as shown in Schedule 1, Table 2 comes into effect on July 1, 2010.
(3) If no occupational exposure limit is established for a harmful substance present at a work site, an employer must ensure that a worker’s exposure to that substance is kept as low as reasonably achievable.
(3.1) A worker may not be exposed to a substance listed in Schedule 1, Table 2 at a concentration exceeding its ceiling limit at any time.
(4) If no 15‑minute occupational exposure limit or ceiling occupational exposure limit is listed for a substance in Schedule 1, Table 2, the employer must:
(a) comply with the 8‑hour occupational exposure limit, and
(b) ensure that a worker’s exposure to that substance does not exceed:
(i) 3 times the 8‑hour occupational exposure limit for more than a total of 30 minutes during a continuous 24‑hour period, and 5 times the 8‑hour occupational exposure limit, or
(ii) the concentration that is immediately dangerous to life and health, whichever is lower. Section 16 (1) to (4).
Exposure to Multiple Substances
An employer must take all reasonably practicable steps to ensure that, if a worker is exposed to more than one substance listed in Schedule 1, Table 2 during a single work shift, and the toxicological effects have similar modes of toxic action, the value of D in the formula
does not exceed 1, where CB1B, CB2B,…CBnB refer to the airborne concentrations during exposure to contaminants 1, 2,…n, and TB1B, TB2B,…TBnB are their respective occupational exposure limit values expressed in the same units as CBnB. Section 17.
Exposure During Shifts Longer than 8 Hours
(1) Subject to subsection (3), if a worker is exposed to a substance listed in Schedule 1, Table 2 during a single work shift that is longer than 8 hours, the employer must ensure that equivalent protection from adverse health effects is achieved by adjusting the 8‑hour exposure limit using the following formulas:
adjusted exposure limit = 8‑hour occupational exposure limit x daily reduction factor
where the daily reduction factor , and
h = hours worked per day.
(2) Subsection (1) does not apply to a substance for which the number “3” appears in the “Substance Interaction” column of Schedule 1, Table 2.
(3) An employer may adjust the 8‑hour exposure limit by another method that uses recognized scientific principles and that is approved by a Director. Section 18 (1) to (3).
Potential Worker Exposure
(1) If a worker may be exposed to a harmful substance at a work site, an employer must:
(a) identify the health hazards associated with the exposure and assess the worker’s exposure, and
(b) establish procedures that minimize the worker’s exposure to the harmful substance.
(2) The employer must ensure that a worker who may be exposed to a harmful substance at a worksite:
(a) is informed of the health hazards associated with exposure to that substance,
(b) is informed of measurements made of airborne concentrations of harmful substances at the work site,
(c) is trained in procedures established by the employer under subsection (1)(b), and
(d) uses the procedures appropriately.
(3) A worker who is provided with training under subsection (2) must use the procedures appropriately and apply the training. Section 21 (1) to (3).
For more information:
- Part 35 – Health Care and Industries with Biological Hazards. Section 526 (1) to 530.
- Division 7.4 – Critical Illness of Child Leave, Termination of employment, Notice to return to work, Suspension of operations, Leave and vacation conflict. Section 53.96 (1) to 53.964.
- Division 7.5 – Long‑term Illness and Injury Leave, Notice to return to work, Suspension of operations, Leave and vacation conflict. Section 53.97(1) to 53.974.
Further details on the Occupational Health and Safety Code and Employment Standards Code can be found at Alberta.Ca and Canlii.Org.
In British Columbia, employers must comply with workplace safety and leave provisions under the Occupational Health and Safety Regulation (Sections 5.54, 6.33-6.40) and Employment Standards Act (Sections 49.1 and 52.11). Employers must implement exposure control plans, reduce worker exposure to chemical and biological agents, and provide vaccinations and medical evaluations for at-risk workers. Additionally, employees are entitled to illness leave (paid and unpaid) and critical illness leave (up to 36 weeks for a child, 16 weeks for an adult family member).
Part 5: Chemical Agents and Biological Agents
Exposure Control Plan
(1) An exposure control plan must be implemented when:
(a) exposure monitoring under section 5.53(3) indicates that a worker is or may be exposed to an air contaminant in excess of 50% of its exposure limit,
(b) measurement is not possible at 50% of the applicable exposure limit, or
(c) otherwise required by this Regulation.
(2) The exposure control plan must incorporate the following elements:
(a) a statement of purpose and responsibilities;
(b) risk identification, assessment and control;
(c) education and training;
(d) written work procedures, when required;
(e) hygiene facilities and decontamination procedures, when required;
(f) health monitoring, when required;
(g) documentation, when required.
(3) The plan must be reviewed at least annually and updated as necessary by the employer, in consultation with the joint committee or the worker health and safety representative, as applicable. Section 5.54.
Biological Agents
Definitions
In sections 6.33 to 6.40:
“medical sharp” means a needle device, scalpel, lancet or any other medical device that can reasonably be expected to make parenteral contact;
“occupational exposure” means reasonably anticipated contact with a biological agent, that is designated as a hazardous substance in section 5.1.1, resulting from the performance of a worker’s duties;
“parenteral contact” means piercing of mucous membranes or the skin;
“precautionary principle” means adopting provisional precautions covering all routes of transmission, based on a higher level of protection, when the identity, etiology, or routes of transmission of the biological agent designated as a hazardous substance in section 5.1.1 have not been established;
“route of transmission” means any route by which a biological agent designated as a hazardous substance in section 5.1.1 may be transmitted including contact, droplet or airborne transmission;
“safety-engineered medical sharp” means a medical sharp with a built-in safety feature or mechanism that eliminates or minimizes the risk of accidental parenteral contact while or after the sharp is used;
“safety-engineered needle” includes a self-sheathing needle device and a retractable needle system.
“standard or routine infection control precautions” means safe work practices as defined by the Practical Guidelines for Infection Control in Health Care Facilities issued by the World Health Organization, as amended from time to time, and the Infectious Diseases, Routine Practices and Additional Precautions for Preventing the Transmission of Infection in Health Care guidelines issued by Health Canada, as amended from time to time;
“transmission-based precautions” means safe work practices based on the route of transmission as defined by the Practical Guidelines for Infection Control in Health Care Facilities issued by the World Health Organization, as amended from time to time, and the Infectious Diseases, Routine Practices and Additional Precautions for Preventing the Transmission of Infection in Health Care guidelines issued by Health Canada, as amended from time to time. Section 6.33.
Exposure Control Plan
(1) If a worker has or may have occupational exposure, the employer must develop and implement an exposure control plan, based on the precautionary principle, that meets the requirements of section 5.54 and that includes the following:
(a) a risk assessment conducted by a qualified person to determine if there is a potential for occupational exposure by any route of transmission;
(b) a list of all work activities for which there is a potential for occupational exposure;
(c) engineering controls and administrative controls to eliminate or minimize the potential for occupational exposure;
(d) standard or routine infection control precautions and transmission-based precautions for all work activities that have been identified as having a potential for occupational exposure, including:
(i) housekeeping practices designed to keep the workplace clean and free from spills, splashes or other accidental contamination,
(ii) work procedures to ensure that contaminated laundry is isolated, bagged and handled as little as possible, and
(iii) work procedures to ensure that laboratory or other samples containing a biological agent designated as a hazardous substance in section 5.1.1 are handled in accordance with the Laboratory Biosafety Guidelines 3rd edition, 2004, issued by the Public Health Agency of Canada;
(e) a description of personal protective equipment designed to eliminate or minimize occupational exposure;
(f) a program to inform workers about the contents of the exposure control plan and to provide them with adequate education, training and supervision to work safely with, and in proximity to, a biological agent designated as a hazardous substance in section 5.1.1;
(g) a record of all training and education provided to workers in the program described in paragraph (f);
(h) a record of all workers who have been exposed, while performing work activities, to a biological agent designated as a hazardous substance in section 5.1.1. Section 6.34 (1).
For more information:
- Section 6.36.
- Labels and identification. Section 6.37.
- Section 6.39.
- Medical evaluation. Section 6.40.
- Part 6 — Leaves and Jury Duty. Section 49.1 (1) to 52.11.
Further details on the Occupational Health and Safety Regulation and Employment Standards Act can be found at Worksafebc.Com and Gov.Bc.Ca.
In Manitoba, employers must adhere to workplace safety and health regulations under the Workplace Safety and Health Regulation (Sections 36.3, 39.3, and 39.4), Manitoba Workplace Safety and Health Act and Regulation (Part 39 – Sections 39.1 to 39.9), and The Employment Standards Code (Sections 59.10(1) to 59.10(8)). Employers are responsible for developing and implementing safe work procedures for chemical and biological substances, handling infectious materials in health care facilities, waste and laundry management, patient handling, and laser safety. They must also provide vaccinations and medical evaluations for workers exposed to infectious agents.
Part 36 – Chemical and Biological Substances
Safe Work Procedures
An employer must:
(a) develop and implement safe work procedures respecting the use, production, storage, handling, and disposal of any chemical or biological substance that an assessment under section 36.2 has determined creates or may create a risk to the safety or health of a worker in that workplace;
(b) train workers in the safe work procedures; and
(c) ensure that workers comply with the safe work procedures. Section 36.3.
Part 39 – Health Care Facilities
Safe Work Procedures for Infectious Materials
(1) If a worker at a health care facility may be exposed to infectious materials, an employer must develop and implement safe work procedures to eliminate or, so far as is reasonably practicable, reduce the worker’s risk of exposure to infectious materials.
(2) The safe work procedures on infectious materials must include the following:
(a) procedures for storing, handling, using and disposing of infectious materials;
(b) procedures for identifying workers at the workplace who may be exposed to infectious materials;
(c) infection control measures at the workplace, such as:
(i) vaccination,
(ii) engineering controls,
(iii) personal protective equipment,
(iv) personal hygiene,
(v) management of the environment and equipment,
(vi) patient accommodation,
(vii) precautions for blood-borne pathogens, and
(viii) infection control practices based on specific modes of transmission that may be used in situations where certain diseases or micro-organisms require extra caution;
(d) procedures to be followed if any of the following occurs:
(i) there has been a spill or leak of infectious material,
(ii) a worker has been exposed to infectious material,
(iii) a worker believes that he or she has been exposed to infectious material;
(e) procedures to be followed when a worker has been exposed to blood or bodily fluids;
(f) procedures for cleaning, disinfecting or disposing of clothing, personal protective equipment or other equipment contaminated with an infectious material;
(g) procedures for investigating and documenting any incident where a worker is exposed to infectious material; and
(h) procedures for investigating and documenting any occurrence of an occupationally transmitted infection or infectious disease. Section 39.3 (1) (2).
Safe Work Procedures for Waste and Laundry
(1) If a worker may be exposed to waste or contaminated laundry, an employer must develop and implement safe work procedures with respect to the handling of waste or contaminated laundry.
(2) The safe work procedures on waste and contaminated laundry must include the following:
(a) measures to ensure that waste or contaminated laundry is:
(i) segregated at the place where the waste or contaminated laundry is located or produced,
(ii) contained in a clearly identified, secure package or container that holds the contents safely until the waste or contaminated laundry is cleaned, disposed of or decontaminated, and
(iii) cleaned, decontaminated, or disposed of in a manner that will not create a risk to the safety or health of a worker or other person;
(b) procedures respecting the use of personal protective equipment appropriate to the risks associated with waste or contaminated laundry at the workplace. Section 39.4 (1) (2).
For more information:
- Long-Term Leave For Serious Injury or Illness. Section 59.10 (1) to 59.10 (8).
Further details on the Workplace Safety and Health Regulation, Manitoba Workplace Safety and Health Act and Regulation and The Employment Standards Code can be found at Canlii.Org, Gov.Mb.Ca and Canlii.Org.
In New Brunswick, under the Employment Standards Act (Sections 44.0251(1) to 44.0251(8)) and Occupational Health and Safety Act (Sections 9(1)(a) and 8.1(2)), employers must address the risks of infectious illnesses in the workplace by ensuring the health and safety of employees and implementing preventative measures. If an employee needs to provide care or support for a critically ill adult suffering from an infectious disease, they are entitled to up to 16 weeks of unpaid leave, provided they submit medical certification. Employers must also have a health and safety program that is reviewed and updated annually to minimize workplace exposure to infectious agents.
Critically Ill Adult Leave
(1) The following definitions apply in this section.
“critically ill adult” means a person who is 18 years or older on the day on which a qualified medical practitioner certifies that the person’s baseline state of health has significantly changed and whose life is at risk as a result of an illness or injury.
“family member” means a family member as defined in the Employment Insurance Regulations under the Employment Insurance Act (Canada).
“qualified medical practitioner” means a person who is entitled to practice medicine under the laws of a jurisdiction in which care or treatment of a critically ill adult is provided.
“week” means the period between midnight on Saturday and midnight on the immediately following Saturday. Section 44.0251 (1).
(2) Subject to subsections (3) to (8), on the request of an employee who is the parent or other family member of a critically ill adult, an employer shall grant the employee a leave of absence without pay of up to 16 weeks to provide care or support to that critically ill adult if a qualified medical practitioner has issued a certificate that:
(a) states that the adult is a critically ill adult and requires the care or support of one or more of their parents or other family members, and
(b) sets out the period during which the adult requires that care or support.
(3) The leave of absence may be taken only during the period:
(a) that starts with the first day of the week in which either of the following occurs:
(i) the day on which the first certificate in respect of the critically ill adult that meets the requirements of subsection (2) is issued; or
(ii) if the leave is commenced before the certificate is issued, the date from which the qualified medical practitioner certifies that the adult is a critically ill adult; and
(b) that ends with the last day of the week in which either of the following occurs first:
(i) the adult dies; or
(ii) the expiration of 16 weeks following the first day of the week referred to in paragraph (a).
(4) If both parents or other family members of a critically ill adult are employees of the same employer, the aggregate amount of leave that may be taken under subsection (2) for the care or support of the same critically ill adult shall not exceed 16 weeks and may:
(a) be taken wholly by one of the employees, or
(b) be shared by the employees.
(5) An employee intending to take a leave of absence under subsection (2) shall advise the employer in writing as soon as possible of the employee’s intention to take the leave, the anticipated commencement date of the leave, the anticipated duration of the leave and shall provide the employer with the certificate referred to in subsection (2).
(6) If circumstances beyond the control of the employee require a change in the duration of the leave of absence, the employee shall advise the employer in writing of the change as soon as possible.
(7) An employer is not required to extend an employee’s leave of absence beyond the date that would result in the employee’s total period of leave of absence exceeding 16 weeks from the commencement date of that leave.
(8)When an employee reports for work on the expiration of the period of leave granted under subsection (2), the employer shall permit the employee to resume work in the position the employee held immediately before the commencement of the leave or an equivalent position with no decrease in pay and with no loss of benefits accrued up to the commencement of the leave. Section 44.0251 (1) to (8).
Duties Of Employers, Owners, Contractors, Sub-Contractors, Supervisors, Employees and Suppliers
Duties of employer
(1) Every employer shall:
(a) take every reasonable precaution to ensure the health and safety of its employees; Section 9 (1).
Establishment of Health and Safety Program
(2) The employer shall review its health and safety program at least once each year, in consultation with the committee or the health and safety representative, and shall update the program as required. Section 8.1 (2).
For more information:
- Sections 12.34 to 12.36.
Further details on the Employment Standards Act and Occupational Health and Safety Act can be found at Canlii.Org and Laws.Gnb.Ca.
In Newfoundland and Labrador, under the Occupational Health and Safety Regulations (Sections 12 and 42 ), Public Health Protection and Promotion Act (Sections 23 and 39 ), and Labour Standards Act (Sections 43.28 to 43.32, and 43.42 to 43.45), employers must implement and maintain an occupational health and safety program that includes infection control measures to protect workers from infectious illnesses. This includes monitoring hazardous biological substances, enforcing exposure control programs, and ensuring safe handling and disposal of infectious materials. Employers must also ensure that workers are informed of risks, trained in proper safety procedures, and provided with protective equipment.
Part VI – Occupational Health Requirements
Hazardous substances
(1) An employer shall monitor the use or presence of substances at the workplace that may be hazardous to the health and safety of workers.
(2) In accordance with subsection (1), an employer shall implement a chemical and biological control program commensurate with the associated risks.
(3) In accordance with subsection (1), an employer shall eliminate hazardous substances from the workplace and where this is not practicable substitute a less hazardous substance.
(4) Where hazardous substances exist, an employer shall employ engineering and administrative controls to ensure their safe use.
(5) An employer shall ensure that a substance produced, used or handled at a workplace which by reason of toxicity, flammability or reactivity creates a risk to the health or safety of workers is controlled in accordance with the Safety Data Sheet or manufacturer’s specifications.
(6) Where the minister determines that the use or presence of a hazardous substance at a place of employment may be injurious to the health of workers, the minister may inquire into the substance and may prohibit, restrict or modify the use of the substance until a time that an employer establishes to the minister that its use or presence is not injurious to the health of workers.
(7) An employer shall ensure that:
(a) atmospheric contamination of the workplace by hazardous substances is kept as low as is reasonably practicable;
(b) a worker is informed of the nature and degree of health effects of the hazardous substances to which the worker is exposed;
(c) exposure of a worker to hazardous substances is as minimal as is reasonably practicable, and where a threshold limit value has been established by the ACGIH, exposure shall not exceed the threshold limit value;
(d) except as otherwise determined by the division, a worker is not exposed to a substance that exceeds the ceiling limit, short-term exposure limit or 8-hour TWA (time weighted average) limit prescribed by ACGIH; and
(e) where a substance referred to in paragraph (d) has an 8-hour TWA limit, a worker’s exposure to the substance does not exceed:
(i) 3 times the 8-hour TWA limit for more than a total of 30 minutes during the work period, and
(ii) 5 times the 8-hour TWA limit.
(8) Where extended work periods exist where the work period is more than 8 hours in a 24 hour day, the 8 hour exposure shall be adjusted accordingly as outlined in the ACGIH “Threshold Limit Values (TLVs)” Manual.
(9) Adjustment of TLVs, as required, shall be done in consultation with the occupational health and safety committee, the worker health and safety representative or the workplace health and safety designate, as appropriate.
(10) Where a worker is exposed to a substance which is designated as a reproductive toxin or a sensitizer, an employer shall develop policy and procedures appropriate to the risk, which may include protective reassignment.
(11) Where workers may be exposed to contact with chemicals harmful to the skin, facilities shall be available for the worker to effectively cleanse the contaminated body areas, including, where corrosive chemicals are involved, emergency water baths, showers, jump tanks, eyewash facilities or other effective means of treatment.
(12) The policy and procedures required by subsection (10) shall include:
(a) informing workers about the reproductive toxin and identifying ways to minimize exposure to the toxin for a worker who has advised the employer of pregnancy or intent to conceive a child; and
(b) identifying ways to eliminate exposure to a sensitizer for a worker who is or may become sensitized to that substance.
(13) Solvents, oils, greases, paints or other flammable substances shall be cleaned up by using an approved non-combustible grease and oil absorbent which shall be placed in covered metal containers before disposal.
(14) Containers referred to in subsection (13) shall not be stored in work areas. Section 42 (1) to (14).
For more information:
Part III – General Duties
- Occupational health and safety program. Section 12 (1) (2).
Part V – Public Health Surveillance
- Duty to report. Section 23 (1) to (3).
- Division 4 – Orders Generally. Section 39.
Part VII.6 – Leave Related to Critical Illness
- Definitions, Entitlement to leave, Notice, Employee protection, Regulations. Section 28 to 43.32.
Part VII.9 – Leave Related to Long-Term Illness, Long-Term Injury and Organ Donation
- Notice, Employee protection. Section 42 to 43.45.
Further details on the Occupational Health and Safety Regulations , Public Health Protection and Promotion Act and Labour Standards Act can be found at Canlii.Org, Canlii.Org and Canlii.Org.
In Nova Scotia, under the Health Protection Act (Sections 32 and 44), and Occupational Health and Safety Act (Sections 13(1)(a), 17(1)(a), and 31(a)), employers are required to take all reasonable precautions to prevent the spread of communicable diseases in the workplace. Medical officers have the authority to issue written orders to contain outbreaks, including quarantine, isolation, disinfection of premises, and restrictions on workplace access. Employers must ensure the health and safety of all workers and implement effective systems to identify and mitigate health hazards. Employees also have a duty to take precautions to protect themselves and others from infectious illnesses.
Communicable Diseases
Powers Respecting Communicable Diseases
(1) Where a medical officer is of the opinion, upon reasonable and probable grounds, that:
(a) a communicable disease exists or may exist or that there is an immediate risk of an outbreak of a communicable disease;
(b) the communicable disease presents a risk to the public health; and
(c) the requirements specified in the order are necessary in order to decrease or eliminate the risk to the public health presented by the communicable disease, the medical officer may by written order require a person to take or to refrain from taking any action that is specified in the order in respect of a communicable disease.
(2) In an order made under this Section, a medical officer may specify the time or times when or the period or periods of time within which the person to whom the order is directed must comply with the order.
(3) Without limiting the generality of subsection (1), an order made under this Section may:
(a) require the owner or occupier of premises to close the premises or a part of the premises or to restrict access to the premises;
(b) require the displaying of signage on premises to give notice of an order requiring the closing of the premises;
(c) require any person that the order states has been exposed or may have been exposed to a communicable disease to quarantine himself or herself from other persons;
(d) require any person who has a communicable disease or is infected with an agent of a communicable disease to isolate himself or herself from other persons;
(e) require the cleaning or disinfecting, or both, of the premises or any thing specified in the order;
(f) require the destruction of any matter or thing specified in the order;
(g) require the person to whom the order is directed to submit to an examination by a physician who is acceptable to a medical officer and to deliver to the medical officer a report by the physician as to whether or not the person has a communicable disease or is or is not infected with an agent of a communicable disease;
(h) require the person to whom the order is directed in respect of a communicable disease to place himself or herself forthwith under the care and treatment of a physician who is acceptable to a medical officer;
(i) require the person to whom the order is directed to conduct himself or herself in such a manner as not to expose another person to infection.
(4) An order under this Section is subject to such conditions as determined by the medical officer and set out in the order.
(5) Where an order made under this Section is to be carried out by a physician or other health professional, the failure of the person subject to such an order to consent does not constitute an assault or battery against that person by the physician or other health professional should the order be carried out. Section 32 (1) to (5).
Exceptions to Public Hearings
(1) An application referred to in subsection 38(1) or subsection 43(1) shall be heard in public unless:
(a) the judge hearing the application is satisfied that:
(i) matters involving public security may be disclosed,
(ii) the possible disclosure of intimate financial or personal matters of any person outweighs the desirability of holding the hearing in public, or
(iii) a medical officer is of the opinion that the person in respect of whom the application is made is infectious and to conduct the hearing in public would be a risk to the public health; or
(b) the person in respect of whom the application is made requests otherwise and the judge hearing the application is satisfied that it is appropriate in the circumstances to conduct the hearing in private.
(2) Any party to an application under subsection 38(1) or subsection 43(1) may appeal from the decision or order to the Nova Scotia Court of Appeal.
(3) The filing of a notice of appeal does not apply to stay the decision or order appealed from unless a judge of the court to which the appeal is taken so orders. Section 44 (1) to (3).
Duties and Precautions
Employers’ Precautions and Duties
(1) Every employer shall take every precaution that is reasonable in the circumstances to:
(a) ensure the health and safety of persons at or near the workplace. Section 13.
Employees’ Precautions and Duties
(1) Every employee, while at work, shall:
(a) take every reasonable precaution in the circumstances to protect the employee’s own health and safety and that of other persons at or near the workplace Section 17.
Functions of Committees
It is the function of the committee to involve employers and employees together in occupational health and safety in the workplace and, without restricting the generality of the foregoing, includes:
(a) the co-operative identification of hazards to health and safety and effective systems to respond to the hazards. Section 31.
Further details on the Health Protection Act and Occupational Health and Safety Act can be found at Nslegislature.Ca and Nslegislature.Ca.
In Northwest Territories, under the Occupational Health and Safety Regulations (Sections 16, 21, and 88), employers are required to develop and implement an exposure control plan to protect workers from infectious illnesses. Employers must ensure that supervisors are trained in occupational health and safety programs, hazardous substance management, and infection control measures. Workplaces with 20 or more workers must have a comprehensive occupational health and safety program, which includes hazard identification, emergency response plans, and infection control strategies.
Part 3 – General Duties
Supervision of Work Supervision
(1) An employer shall ensure that, at a worksite,
(a) work is sufficiently and competently supervised;
(b) supervisors have sufficient knowledge of the following:
(i) any occupational health and safety program applicable to workers supervised at the work site,
(ii) the safe handling, use, storage, production, and disposal of hazardous substances,
(iii) the need for, and safe use of, personal protective equipment,
(iv) emergency procedures required by these regulations,
(v) any other matters that are necessary to ensure the health and safety of workers;
(c) supervisors have completed an approved regulatory familiarization program; and
(d) supervisors comply with the Act and these regulations. Section 16 (1) (a) to (b).
Occupational Health and Safety Program
(1) An employer shall provide an occupational health and safety program under this section if:
(a) there are 20 or more workers who work at the worksite; or
(b) the employer is so directed by the Chief Safety Officer.
(2) An occupational health and safety program for a work site must include:
(a) a statement of the employer’s policy with respect to the protection and maintenance of the health and safety of workers;
(b) an identification of hazards that could endanger workers at the work site, through a hazard recognition program;
(c) measures, including procedures to respond to an emergency, that will be taken to reduce, eliminate and control the hazards identified under paragraph (b);
(d) an identification of internal and external resources, including personnel and equipment, that could be required to respond to an emergency;
(e) a statement of the responsibilities of the employer, the supervisors and the workers;
(f) a schedule for the regular inspection of the work site and inspection of work processes and procedures;
(g) a plan for the control of hazardous substances handled, used, stored, produced or disposed of at the work site and, if appropriate, the monitoring of the work environment;
(h) a plan for training workers and supervisors in safe work practices and procedures, including procedures, plans, policies or programs that the employer is required to develop;
(i) a procedure for the investigation of refusals to work under section 13 of the Act;
(j) a strategy for worker participation in occupational health and safety activities, including audit inspections and investigations of refusals to work under section 13 of the Act; and
(k) a procedure to review and, if necessary, revise the occupational health and safety program not less than once every three years or whenever there is a change of circumstances that could affect the health or safety of workers. Section 21 (1) (a) to (k).
For more information:
- Exposure Control Plan. Section 88 (1) to (8).
Further details on the Occupational Health and Safety Regulations can be found at Canlii.Org.
In Nunavut, under the Public Health Act Part 4, Sections 20–23 and Part 8, Sections 54–55, and the employers must protect workers from infectious illnesses by identifying biological hazards, maintaining sanitary conditions, and cooperating with health authorities during outbreaks. If a communicable disease poses a risk, public health officers may order isolation, restricted workplace access, or preventive actions.
PART 4 – HEALTH PROTECTION – Communicable Diseases
Comprehensive Authority
(1) The Chief Public Health Officer has comprehensive authority to investigate and manage communicable diseases in Nunavut.
Investigation and Management of Outbreaks
(2) The Chief Public Health Officer may investigate and manage outbreaks in Nunavut. Section 20(1)(2).
Health Hazards
Reporting Prescribed Health Hazard
A prescribed person who becomes aware of a prescribed health hazard shall, as soon as practicable, report it to the Chief Public Health Officer in accordance with the regulations, unless he or she knows that the health hazard has already been reported in accordance with this section. Section 21.
Monitoring and Risk Assessments
(1) An environmental health officer may monitor, audit and conduct risk assessments in relation to health hazards.
Monitoring and Adapting to Climate Change
(2) The Chief Public Health Officer may identify and monitor the impact of climate change on public health and develop adaptation strategies to minimize the adverse effects of climate change on the health and well-being of people in Nunavut. Section 22(1)(2).
Food Safety – Application
(1) This section applies to a person who:
(a) distributes, serves, or sells food to the public or in an institution or camp; or
(b) manufactures, imports, processes, prepares, packages, stores, handles, transports, distributes, serves, or sells food destined to be distributed, served or sold to the public or in an institution or camp.
Unfit or Unsafe for Human Consumption
(2) No person described in subsection (1) shall distribute, serve or sell food that is:
(a) unfit or unsafe for human consumption;
(b) past the expiry date, if any, after which the manufacturer does not recommend that the product be consumed; or
(c) in the case of water, not in compliance with the prescribed water quality standards.
Food Safety
(3) A person described in subsection (1) shall ensure the safety of the food, including by:
(a) operating in a clean and sanitary manner;
(b) maintaining his or her premises and transport vehicles under clean and sanitary conditions;
(c) taking reasonable measures to prevent contamination of the food; and
(d) taking reasonable measures to protect the public from other food related health hazards. Section 23(1) to (3).
For more information:
- PART 8 – ORDERS Communicable Disease Orders. Section 54, 55(1) to (13).
Further details on the Public Health Act can be found at nunavutlegislation.ca.
In Ontario, under the Health Protection and Promotion Act (Sections 25, 27, 29 and 77.1) and Occupational Health and Safety Act (Sections 52(2) and 52(3)), employers must take proactive steps to prevent and control the spread of infectious illnesses in the workplace. Medical officers of health have broad authority to investigate and act on public health risks, including ordering quarantines, facility closures, and mandatory infection control measures. Employers must report occupational illnesses related to infectious diseases to the Workplace Safety and Insurance Board (WSIB), health and safety representatives, and trade unions within four days of notification.
Part IV – Communicable Diseases
Duty to Report Disease
(1) A physician or a practitioner as defined in subsection (2) who, while providing professional services to a person who is not a patient in or an out-patient of a hospital, forms the opinion that the person has or may have a disease of public health significance shall, as soon as possible after forming the opinion, report thereon to the medical officer of health of the health unit in which the professional services are provided. Section 25.
Duty of Hospital Administrator to Report re: Disease
(1) The administrator of a hospital shall report to the medical officer of health of the health unit in which the hospital is located if an entry in the records of the hospital in respect of a patient in or an out-patient of the hospital states that the patient or out-patient has or may have a disease of public health significance or is or may be infected with an agent of a communicable disease.
Duty of Superintendent of Institution to Report re: Disease
(2) The superintendent of an institution shall report to the medical officer of health of the health unit in which the institution is located if an entry in the records of the institution in respect of a person lodged in the institution states that the person has or may have a disease of public health significance or is or may be infected with an agent of a communicable disease.
When Report to be Given
(3) The administrator or the superintendent shall report to the medical officer of health as soon as possible after the entry is made in the records of the hospital or institution, as the case may be. Section 27 (1) to (3).
Report by Operator
(1) The operator of a laboratory shall report to the medical officer of health of the health unit in which the person from whom the specimen was taken resides each case of a positive laboratory finding in respect of a disease of public health significance, as soon as possible after the making of the finding.
Contents and Time of Report
(2) A report under this section shall state the laboratory findings and shall be made within the time prescribed by the regulations. Section 29 (1) (2).
Part VII – Notices
Notice of Occupational Illness
If an employer is advised by or on behalf of a worker that the worker has an occupational illness or that a claim in respect of an occupational illness has been filed with the Workplace Safety and Insurance Board by or on behalf of the worker, the employer shall give notice in writing, within four days of being so advised, to a Director, to the committee or a health and safety representative and to the trade union, if any, containing such information and particulars as are prescribed.
Subsection (2) applies with all necessary modifications if an employer is advised by or on behalf of a former worker that the worker has or had an occupational illness or that a claim in respect of an occupational illness has been filed with the Workplace Safety and Insurance Board by or on behalf of the worker. Section 52 (2) (3).
For more information:
- Part VI.1 – Provincial Public Health Powers. Sections 77.1 (1) to (3).
Further details on the Health Protection and Promotion Act and Occupational Health and Safety Act can be found at Ontario.Ca and Ontario.Ca.
In Prince Edward Island, under the Occupational Health and Safety Act (Sections 12 and 18), Public Health Act (Sections 3 and 4), and Employment Standards Act (Section 22.11), employers must protect workers from infectious illnesses by ensuring safety measures, proper training, and infection control programs. Public health officials can enforce disease prevention measures, and workers handling hazardous substances must follow strict hygiene protocols.
Duties Of Employers, Workers, and Other Persons
Duties of Employers
(1) An employer shall ensure:
(a) that every reasonable precaution is taken to protect the occupational health and safety of persons at or near the workplace;
(b) that any item, device, material, equipment, or machinery provided for the use of workers at a workplace is properly maintained, and is properly equipped with the safety features or devices, as recommended by the manufacturer or required by the regulations;
(c) that such information, instruction, training, supervision and facilities are provided as are necessary to ensure the occupational health and safety of the workers;
(d) that workers and supervisors are familiar with occupational health or safety hazards at the workplace;
(e) that workers are made familiar with the proper use of all safety features or devices, equipment, and clothing required for their protection; and
(f) that the employer’s undertaking is conducted so that workers are not exposed to occupational health or safety hazards as a result of the undertaking.
(2) An employer shall:
(a) consult and cooperate with the joint occupational health and safety committee or the representative, as applicable;
(b) cooperate with any person performing a duty or exercising a power conferred by this Act or the regulations;
(c) provide such additional training of committee members as may be prescribed by the regulations;
(d) comply with this Act and the regulations and ensure that workers at the workplace comply with this Act and the regulations; and
(e) where an occupational health and safety policy or occupational health and safety program is required under this Act, establish the policy or program.
Duty Respecting Workplace Harassment
(3) An employer shall establish and implement as a policy, in accordance with the regulations, measures to prevent and investigate occurrences of harassment in the workplace. Section 12 (1) to (3).
Duties of Owner
An owner shall:
(a) take every reasonable precaution to provide and maintain the owner’s land or premises used as a workplace:
(i) in a manner that ensures the occupational health and safety of persons at or near the workplace, and
(ii) in compliance with this Act and the regulations; and
(b) give to the employer at the workplace the information that is:
(i) known to the owner or that the owner could reasonably be expected to know, and
(ii) necessary to identify and eliminate or control hazards to the occupational health or safety of persons at the workplace. Section 18.
For more information:
- Administration and Enforcement Part I. Section 3.
- Leave Related to Critically Ill Child. Section 11 (1) to (9).
Further details on the Occupational Health and Safety Act, Public Health Act and Employment Standards Act can be found at Princeedwardisland.Ca, Faolex.Fao.Org and Princeedwardisland.Ca.
In Quebec, under the Public Health Act (Sections 79 to 82 and 83 to 88), strict measures are in place to control infectious illnesses. Employers and healthcare professionals must report cases of infections that pose a public health risk. If an individual refuses necessary medical treatment for a contagious disease, public health authorities can intervene, including seeking a court order to enforce treatment. Health institutions must provide emergency care for certain infectious conditions to prevent outbreaks.
Chapter VIII – Reportable Intoxications, Infections, and Diseases
The Minister shall, by regulation, draw up a list of intoxications, infections and diseases that must be reported to the appropriate public health director and, in certain cases provided for in the regulation, to the Minister or to both the public health director and the national public health director. Section 79.
The list may include only intoxications, infections or diseases that are medically recognized as capable of constituting a threat to the health of a population and as requiring vigilance on the part of public health authorities or an epidemiological investigation. Section 80.
The report must indicate the name and address of the person affected and contain any other personal or non-personal information prescribed by regulation of the Minister. The report must be transmitted in the manner, in the form and within the time prescribed in the regulation. Section 81.
The following persons are required to make the report in the cases provided for in the regulation of the Minister:
(1) any health professional with the authority to make a diagnosis or to assess a person’s state of health who observes an intoxication, infection or disease included in the list or who observes the presence of clinical manifestations characteristic of any of those intoxications, infections or diseases in a living or deceased person;
(2) any chief executive officer of a private or public medical biology laboratory or laboratory medicine department, where a laboratory analysis conducted in the laboratory or department under his or her authority shows the presence of any reportable intoxications, infections or diseases. Section 82.
Chapter IX – Compulsory Treatment and Prophylactic Measures for Certain Contagious Diseases or Infections
Division I – Contagious Diseases or Infections and Compulsory Treatment
The Minister may, by regulation, draw up a list of the contagious diseases or infections for which any person affected is obligated to submit to the medical treatments required to prevent contagion. Section 83.
Any health professional with the authority to make a medical diagnosis or to assess a person’s state of health who observes that a person is likely suffering from a disease or infection to which this division applies must take, without delay, the required measures to ensure that the person receives the care required by his or her condition, or direct the person to a health and social services institution able to provide such treatments. Section 84.
In the case of certain diseases or infections identified in the regulation, any health or social services institution having the necessary resources must admit as an emergency patient any person suffering or likely to be suffering from one of those diseases or infections. If the institution does not have the necessary resources, it must direct the person to an institution able to provide the required services. Section 85.
Any health professional with the authority to make a medical diagnosis or to assess a person’s state of health who becomes aware that a person who is likely suffering from a disease or infection to which this division applies is refusing or neglecting to submit to an examination must notify the appropriate public health director as soon as possible. Section 86.
Any public health director who receives a notice under section 86 must make an inquiry and, if the person refuses to be examined or to submit to the appropriate treatment, the public health director may apply to the Court for an order enjoining the person to submit to such examination or treatment. Section 87.
A judge of the Court of Québec may, if the judge believes on reasonable grounds that the protection of the health of the population so warrants, order the person to submit to an examination and receive the required medical treatment. Section 88.
Further details on the Public Health Act can be found at Gouv.Qc.Ca.
In Saskatchewan, employers must address infectious illness risks under The Occupational Health and Safety Regulations (Sections 2-4, 6-22, and 31-9) and The Public Health Act (Sections 31 to 36). Employers are required to develop and implement Exposure Control Plans to minimize worker exposure, provide training on infection control, and ensure access to vaccinations and medical evaluations. Reporting obligations mandate that employers, healthcare providers, and institutions notify public health authorities of infectious disease cases to prevent outbreaks.
Medical Information
(2) A physician who attends or treats a worker who is suffering from or believed to be suffering from a medical condition that is related to the present or past employment of the worker and is listed in Table 6 of the Appendix shall, without undue delay, inform the director of:
(a) the medical condition from which the worker is believed to be suffering; and
(b) the name and address of the most recent place of employment where exposure related to the medical condition is believed to have occurred. Section 2-4 (2).
Exposure Control Plan
(1) In this section:
“engineering controls” means physical controls or barriers that isolate or remove an infectious disease hazard and includes:
(a) medical devices approved by Health Canada that have engineered sharps injury protections;
(b) sharps disposal containers;
(c) needleless systems and needles with engineered sharps injury protections as defined in section 31-9; and
(d) other devices that isolate or remove sharps hazards;
“expose” means harmful contact with an infectious material or organism from inhalation, ingestion, skin or mucous membrane contact or percutaneous injury;
“exposure control plan” means an exposure control plan required pursuant to subsection (2);
“infectious material or organism” means an infectious material or organism that has been identified in an approved manner as an infectious disease hazard that poses a significantly increased exposure risk to a worker or self-employed person.
(2) If workers are required to handle, use or produce an infectious material or organism or are likely to be exposed at a place of employment, an employer, in consultation with the committee, shall develop and implement an exposure control plan to eliminate or minimize worker exposure.
(3) An exposure control plan must:
(a) be in writing;
(b) identify any workers at the place of employment who may be exposed;
(c) identify categories of tasks and procedures that may put workers at risk of exposure;
(d) describe the ways in which an infectious material or organism can enter the body of a worker and the risks associated with that entry;
(e) describe the signs and symptoms of any disease that may arise for a worker exposed at the place of employment;
(f) describe infection control measures to be used, such as the following:
(i) vaccination;
(ii) engineering controls;
(iii) personal protective equipment;
(iv) safe work practices and procedures; and
(v) standard practices that incorporate universal precautions;
(g) identify the limitations of the infection control measures described pursuant to clause (f);
(h) set out procedures to be followed in each of the following circumstances:
(i) if there has been a spill or leak of an infectious material or organism;
(ii) if a worker has been exposed;
(iii) if a worker believes that the worker has been exposed;
(i) set out the methods of cleaning, disinfecting or disposing of clothing, personal protective equipment or other equipment contaminated with an infectious material or organism that must be followed and indicate who is responsible for carrying out those activities;
(j) describe the training to be provided to workers who may be exposed and the means by which this training will be provided;
(k) require the investigation and documentation, in a manner that protects the confidentiality of the exposed worker, of any work-related exposure incident, including the route of exposure and the circumstances in which the exposure occurred; and
(l) require the investigation of any occurrence of an occupationally transmitted infection or infectious disease to identify the route of exposure and implement measures to prevent further infection.
(4) If subsection (2) applies to an employer, that employer must describe in the employer’s exposure control plan the steps that will be taken to ensure compliance with this section and, if applicable, subsection 31-9(3).
(5) No employer shall allow a worker to undertake any tasks or procedures mentioned in clause (3)(c) unless the worker has been trained with respect to the exposure control plan and the use of control measures appropriate for the task or procedure undertaken.
(6) An employer, in consultation with the committee, shall review the adequacy of the exposure control plan, and amend the plan if necessary, at least every 2 years or as necessary to reflect advances in infection control measures, including engineering controls.
(7) An employer shall make a copy of the exposure control plan and any amendments to that plan readily available to every worker who may be exposed.
(8) An employer shall:
(a) inform workers who are required to handle, use or produce an infectious material or organism or who may be exposed at a place of employment of the following:
(i) any vaccine recommended for workers with respect to that risk in the Canadian Immunization Guide, published by the Public Health Agency of Canada , and recommended by:
(A) a medical health officer appointed pursuant to The Public Health Act or a designated public health officer within the meaning of The Public Health Act, 1994 whose powers and responsibilities include those set out in Part IV of The Public Health Act, 1994; or
(B) a physician with expertise in immunization or the control of communicable diseases;
(ii) the risks associated with taking a vaccine mentioned in subclause (i);
(b) with the worker’s consent, arrange for the worker to receive any vaccination recommended pursuant to subclause (a)(i) during the worker’s normal working hours and reimburse the worker for any costs associated with receiving the vaccination; and
(c) if a worker cannot receive a vaccination mentioned in subclause (a)(i) during the worker’s normal working hours, credit the worker’s attendance for the vaccination as time at work and ensure that the worker does not lose any pay or other benefits.
(9) If a worker has been exposed to blood or potentially infectious bodily fluids at a place of employment, an employer shall, with the consent of the worker, during the worker’s normal working hours, arrange for immediate medical evaluation and intervention by a qualified person in an approved manner and for confidential post-exposure counselling. Section 6-22 (1) to (9).
For more information:
- Selecting needle-safe devices. Section 31.9 (1).
- Non-Communicable Diseases – Reporting. Sections 31 (1), 31.1 (1) (2).
Part IV – Communicable Diseases
- Category I Communicable Diseases. Section 32 (1) to (4).
- Category II Communicable Diseases. Section 33 (1), 34 (1), 35, 36 (1).
Further details on The Occupational Health and Safety Regulations and Public Health Act can be found at Saskatchewan.Ca and Saskatchewan.Ca.
In Yukon, employers are required to address infectious illness risks under the Employment Standards Act (Sections 60.02, 60.02.01), Occupational Health and Safety Act (Section 3), and Occupational Health and Safety Regulations (Section 1.04). Employers must ensure workplaces, equipment, and processes are safe and without risks to health, provide training on infection control, and implement hazard elimination and control measures. If workers handle infectious materials, employers must develop and enforce safe work procedures and ensure proper use of personal protective equipment.
Leave Related to Critical Illness of a Child
(1) In this section
“critically ill child” has the same meaning as assigned in the regulations made under the Employment Insurance Act (Canada);
“week” has the same meaning as assigned in section 60.01.
(2) An employee who has completed six months of continuous employment with an employer and who is a family member of a critically ill child is entitled to a leave of absence from employment without pay for a period of up to 37 weeks in order to care for or support that child if a qualified medical practitioner or qualified nurse practitioner has issued a certificate that:
(a) states the child is a critically ill child and requires the care or support of one or more of their family members; and
(b) sets out the period during which the child requires that care or support.
(3) The period during which the employee may take a leave of absence:
(a) starts on the first day of the week in which the certificate is issued; and
(b) ends on the last day of the week in which either of the following occurs:
(i) the child dies, or
(ii) the expiry of 52 weeks following the first day of the week referred to in paragraph (a).
(4) If the employee is a family member of, and is caring for or supporting more than one critically ill child at the same time, the period during which the employee may take a leave of absence:
(a) starts on the first day of the week in which the first certificate is issued in respect of any of the children; and
(b) ends on the last day of the week in which either of the following occurs:
(i) the last of the children dies, or
(ii) the expiry of 52 weeks following the first day of the week referred to in paragraph (a).
(5) The aggregate amount of leave that may be taken by two or more employees under this section in respect of the same child or the same children who are critically ill as a result of the same event must not exceed 37 weeks during the period referred to in subsections (3) or (4), as the case may be.
(6) A leave of absence under this section may only be taken in periods of not less than one week’s duration.
(7) An employee who wishes to take a leave of absence under this section must give the employer notice in writing at least two weeks before the leave starts unless the circumstances necessitate a shorter period.
(8) The employee must give the employer a copy of the certificate referred to in subsection (2) as soon as possible. Section 60.02 (1) to (8).
Duties in Respect of Health and Safety
Employer’s Duties
(1) Every employer shall ensure, so far as is reasonably practicable, that:
(a) the workplace, machinery, equipment, and processes under the employer’s control are safe and without risks to health;
(b) work techniques and procedures are adopted and used that will prevent or reduce the risk of occupational injury; and
(c) workers are given necessary instruction and training and are adequately supervised, taking into account the nature of the work and the abilities of the workers.
(2) Without limiting the generality of subsection (1), every employer shall, so far as is reasonably practicable,
(a) ensure that workers are made aware of any hazard in the work and in the handling, storage, use, disposal, and transport of any article, device, or equipment, or of a biological, chemical, or physical agent
(b) cooperate with and assist safety and health representatives and committee members in the performance of their duties;
(c) ensure that workers are informed of their rights, responsibilities, and duties under this Act; and
(d) make reasonable efforts to check the well-being of a worker when the worker is employed under conditions that present a significant hazard of disabling injury, or when the worker might not be able to secure assistance in the event of injury or other misfortune. Section 3 (1) (2).
Part 1 – General
Eliminate or Control Hazards
All reasonable precautions shall be taken, and measures implemented, to prevent injuries to workers by:
(a) eliminating hazards where possible,
(b) controlling hazards through engineering and administrative procedures,
(c) developing safe work procedures, and
(d) providing the information, training and personal protective equipment where it is not possible to eliminate or control the hazards. Section 1.04 (a) to (d).
For more information:
- Leave related to critical illness of Section 60.02.01 (1) to (8).
Further details on the Employment Standards Act, Occupational Health and Safety Act and Occupational Health and Safety Regulations can be found at Canlii.Org, Yukon.Ca and Wcb.Yk.Ca.