In EllisDon Construction Ltd. v. Labourers' International Union of North America, Local 183, 2021 CanLII 50159, an Arbitrator in Ontario decided that when the intrusiveness of an employer's compulsory...
CanadaCoronavirus (COVID-19)
In EllisDon Construction Ltd. v. Labourers'
International Union of North America, Local 183, 2021 CanLII
50159, an Arbitrator in Ontario decided that when the
intrusiveness of an employer's compulsory Rapid COVID-19
Antigen Screening Program (Policy) was weighed against the
objective of preventing the spread of COVID-19, the Policy was
reasonable.
Background
In February 2021, the employer, a construction and building
services company, implemented the Policy as part of a pilot program
led by the Ontario Ministry of Health (MOH). The Policy
required all individuals attending specified job sites to submit to
a Health Canada-approved Rapid COVID-19 Screening Test (Test) to
gain access to the worksite. The Test was administered by
third-party qualified healthcare professionals on site twice weekly
in accordance with MOH guidelines via a throat and bilateral lower
nostril swab (more comfortable than a deep nostril swab).
Swabbing could not be observed by anyone
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