Briefing note from Sherrard Kuzz, LLP – March 15, 2021
With COVID-19 vaccination within reach for most Canadians, many employers want to know if they can require employees and, in some cases, customers to be vaccinated once vaccines are readily available. Employers are also uncertain about the information they can collect about vaccination and whether widespread vaccination in the workplace means fewer health and safety protocols such as distancing, masking, disinfecting, etc.
This briefing note addresses four common vaccination questions:
1. Can an employer mandate COVID-19 vaccination as a condition of employment?
2. Can an employer collect information about COVID-19 vaccination status from its employees, even if not mandating vaccination?
3. Can a business screen its patrons (customers, clients, etc.) for COVID-19 vaccination prior to entry into the workplace?
4. Is a business permitted to relax its masking, physical distancing and other public health and safety measures if it can confirm all employees have been vaccinated?