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ARTICLE · 04 SEPTEMBER 2020

Masking The Problem: Perspectives On Employee Refusal To Wear A Mask At Work

Employers have a legal obligation under the Occupational Health and Safety Act and the common law to create and maintain a safe work environment.

CanadaEmployment and HR

Employers have a legal obligation under the Occupational Health and Safety Act and the common law to create and maintain a safe work environment. To meet this obligation in the new world of COVID-19 many employers will need to institute policies mandating masks for staff, customers, and other visitors. If maintaining a safe work environment is achieved through mandating masks, then employees ought to comply with those policies.

It is generally recommended that if employers require or encourage staff to wear masks in the workplace, the employer should draft a clear policy, supply masks, and train staff on how to properly use a non-medical mask.

Employers need to comply with By-laws

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