COVID-19 Vaccination and Workplaces

• Explain purpose of the policy including the risks of COVID-19. Vaccination against COVID-19 is one of the best ways to protect employees who work in a location with common areas and/or where employees have contact with other employees, customers/patrons or the public.
• Explain who the policy applies to. Will the policy apply to all employees (i.e., not just employees but also contractors (including staff from third party agencies), volunteers, students, etc.)? Is there a separate policy for customers/patrons?
• Explain that the policy may change as the status of the pandemic changes and/or legislation or public health advice changes.
• Have a clear communication plan to inform employees about the policy.

• When determined by the employer to be reasonably necessary to prevent the spread of COVID-19 in the workplace or in the community while performing their work, workplace policies should require employees to provide proof of vaccination Alternatively, employees who do not provide proof of vaccination may need to, for example:
  • Indicate that they have a medical exemption, including if the reasons are temporary or permanent. The medical exemption should be written by a licenced primary care provider (i.e., doctor, nurse practitioner) and does not need to include the reason for the exemption.
  • Complete a vaccination education course, with a signed declaration stating that they have reviewed and understood the content. The vaccination education course could include information on:
    • How the COVID-19 vaccines work
    • Vaccine safety related to the development of the COVID-19 vaccines
    • The benefits of vaccination against COVID-19
    • Risks of not being vaccinated against COVID-19
    • Possible side effects of COVID-19 vaccination 

Specify a reasonable date when employees must demonstrate compliance with various elements of the workplace policy.

• Hamilton employers can also play a critical role in encouraging the importance of getting fully vaccinated against COVID-19 in a supportive environment through the following ways:
  • Sharing COVID-19 vaccine information from credible sources
  • Offering translated resources
  • Supporting vaccine champions to initiate conversations with their colleagues
  • Providing paid leave to receive a COVID-19 vaccine
  • Reminding employees that they are legally entitled to up to three paid sick days if they experience side effects from the vaccine
  • Providing transportation options for employees to get their COVID-19 vaccine

• Your workplace COVID-19 vaccination policy should list alternative options for employees who decline to get vaccinated for reasons protected by Ontario’s Human Rights Code, including those unable to complete their COVID-19 vaccination series for medical reasons. The appropriate response(s) may depend on the work of the employee, the type of workplace and consideration of the duty to accommodate, if applicable.
• Some options to consider include:
  • Use of additional personal protective equipment (PPE), employee relocation and modified work or reassignments.
  • In the event of a COVID-19 outbreak, unvaccinated and partially vaccinated employees (who have only received one dose of a two-dose COVID-19 vaccine series) should not be permitted to work in the outbreak area. Employees without vaccination records should be assumed to be unvaccinated.
  • If reassignment is not possible, consider other options including whether unvaccinated employees should receive paid or unpaid leave or use vacation days until it is safe for them to return to the workplace.

Outline the potential consequences for employees who do not fulfill the requirements of the policy.

• Your COVID-19 workplace vaccination policy should specify how individual vaccination status of employees will be used by the employer to mitigate the health-related risks of COVID-19.
• Information about employees’ vaccination information must be protected in accordance with applicable privacy legislation. Knowing your employees’ vaccination status may be important to help you take appropriate action quickly, in the event of COVID-19 cases in your workplace, to protect employees, their families, customers/patrons and the general public. This may include sharing that information with public health officials.
• When collecting information about an employee’s vaccination status:
  • Identify ways to safeguard their personal health information
  • Limit information collected to what is reasonably necessary, e.g., copy of the proof of vaccination for each dose
  • Keep their vaccination information separate from their personnel file
  • Ensure personal health/vaccination information is kept in a secure manner and only used when required

Identify who employees should contact at your organization if they have questions about the policy, to request accommodation, or for more information about how to comply with the policy. The policy should also indicate the person to whom employees should provide proof of vaccination.

Getting fully vaccinated against COVID-19 does not replace the need for following effective and proven COVID-19 public health measures. Local employers must apply all COVID-19 prevention measures for their sector outlined in provincial guidelines.

Vaccination not only protects employees, but can also protect your workplace by:

• Reducing the number of employee absences due to COVID-19, which can impact workforce productivity or ability to operate
• Keeping your workforce healthier by reducing rates and spread of COVID-19

Employers can encourage employees to get vaccinated by:

• Sharing information to educate employees and answer questions about COVID-19 vaccines.
• Sharing benefits of COVID-19 vaccines (health and safety of themselves, loved ones and co-workers).
• Sharing information on how to get a vaccine.
• Offering flexible scheduling to make it easier for employees to get vaccinated. Consider scheduling shifts 48 hours from the time of vaccination, where possible. If vaccination is scheduled during work hours, consider paying workers for the time it takes to get vaccinated. Workers who don’t have to decide between getting paid and getting vaccinated will be more likely to get the vaccine.
• Sharing the message from multiple levels within the organization.
• Hosting an onsite vaccination clinic if you have all of the required resources. Call the Ontario Together Contact Centre at 1-888-777-0554 or read about hosting a vaccine clinic.

There are mild non-respiratory symptoms (not related to breathing, such as headache, muscle ache, fatigue, joint pain) that can occur with COVID-19 that may also occur in the 48 hours after vaccination as a result of the vaccine. 

In the 48 hours after vaccination, if an employee develops the following symptoms (and no others), and where the symptoms are mild (i.e. the employee feels well enough to work) and symptoms only began after vaccination, the employee can continue to work:

• Headache
• Fatigue/tiredness
• Muscle ache
• Joint pain

The above guidance only applies to workers who:

• Are required to be at work in-person AND
• Have received a COVID-19 vaccine within the 48 hours before coming to work (including day of vaccination, which is considered day 1) AND
• Do not have a known exposure to a confirmed COVID-19 case in the last 14 days.

Pain, redness and swelling at the injection site are more common symptoms of vaccination and are not symptoms that you would have with COVID-19.

Active screening of employees, including after vaccination is required. If COVID-19 is suspected employees should be excluded from work and seek further medical evaluation.

Reference: Guidance for Employers Managing Workers with Symptoms within 48 hours of COVID-19 Immunization

Receiving a COVID-19 vaccine is voluntary. The Ontario Human Rights Code and other similar laws try to balance people's right to non-discrimination and civil liberties with public health and safety. Organizations and staff are encouraged to be flexible in exploring if accommodation is necessary, including alternate ways an individual may continue to safely work or receive a service without being vaccinated.

Vaccination policies could consider that at a minimum  employees provide proof of one of three things:

• Full vaccination against COVID-19;
• A medical reason for not being vaccinated against COVID-19; or
• Completion of a COVID-19 vaccination educational session

The Hamilton Concierge can provide assistance on how to support staff vaccinations and workplace COVID-19 vaccination policies. You can reach the Hamilton Concierge at (905) 521-3989.

Vaccination is an additional public health measure that protects against COVID-19. Other public health measures that contribute towards a safer workplace should continue to be practised, such as staying home when not feeling well, wearing a mask indoors, regular handwashing, environmental cleaning and disinfection and optimizing ventilation.

The Occupational Health and Safety Act defines employees and employers’ rights and obligations. Employees may refuse to work If they believe it is unsafe for them or another employee. Visit the Ontario Ministry of Labour, Training and Skills Development to learn more.

If your organization is looking to issue proof of vaccination requirements, we recommend that you seek legal advice prior to doing so.

All public health measures should continue to be followed after being vaccinated. This means staying home when not feeling well, wearing a mask, regular handwashing, environmental cleaning and disinfection and optimizing ventilation.