Employers can implement COVID-19 testing as a condition of
accessing the workplace in appropriate circumstances according to a
recent decision from Arbitrator Robert Kitchen. The decision, which
is available here, offers some welcome clarity for
employers who have struggled to implement appropriate policies
throughout the ever changing pandemic landscape.
Background
In February 2021, the employer implemented a Rapid COVID-19
Antigen Screening Program (the "Policy") at a number of
its construction sites. The program was implemented in conjunction
with the Ontario Ministry of Health and required employees to
submit to rapid testing to gain access to the worksite. The
Employer determined which sites would be subject to mandatory
testing on the basis of a number of factors, including: community
spread and case counts, the size of the projects, risk level for
workplace transmission, whether the project involved critical
infrastructure, and client requirements.
