Canadian Occupational Safety

SPECIAL REPORT 4 www.thesafetymag.com/ca 5-STAR AWARDS 2021: SAFETY LAW FIRMS AND LAWYERS has been a huge concern over the last few months. Nevertheless, more and more Canadian workplaces are requiring employees to be vaccinated (Porter Airlines, Toronto Hydro and CNN, to name a few). For companies considering them, they could prove to be a legal headache. More so than ever before, employee rights have been at the centre of the pandemic. COVID-19 has brought worker health and safety to the mainstream. Another tricky thing to navigate will be workers' compensation, notably for those who suffer from the long-term effects of COVID (otherwise known as "long haulers"). Considered a disability by some, the issue will no doubt evolve as our understanding of the disease itself progresses. And COVID-19 hasn't been the only workplace concern. The modern era brings with it modern challenges. While technology has allowed us to work more efficiently — and to work at all, amid COVID-19 — it nevertheless has its pitfalls. New channels of communication sadly also open us to new forms of harassment through means such as text, Slack, Skype, WhatsApp, social media, etc. While tech can be a great way to keep in touch with workers, it has also opened up the floodgates of digital bullying. Employers are concerned as to how to create a safe work environment while preventing or addressing harassment — both online and offline. In what ways are they liable? Lastly, substance abuse and workplace drug testing are areas of concern for some employers. Though a number of jazzy new solutions have cropped up in recent years, organizations are still seeking advice over how to effectively and responsibly implement workplace alcohol and drug testing. legal practices around the country have opened up to a whole new client base. Future considerations So, what lies ahead for our legal experts? With the pandemic still raging on, it will no doubt continue to dominate every sector, including the legal sphere. Though we may have started to get a hang of PPE and physical distancing, questions abound. One issue has been that around workplace vaccine mandates. When introduced, these measures proved to be contentious for some. Despite many Canadians racing to get a jab, some remain scared or even skeptical of the vaccine. Addressing vaccine hesitancy in the workplace throughout the past 18 months. These necessarily shape the legal landscape and the advice that we provide, which at times results in changes to advice on a daily or even hourly basis," said Nadine Zacks, partner, Hicks Morley. A novel risk "COVID-19 has brought workplace health and safety to the forefront of every workplace decision," said Zacks. "This change has likely been felt the greatest in those workplaces and industries which have historically been lower risk, but now have to contend with health and safety in all aspects of the workplace. It has also resulted in changes to how work is performed in almost every industry, resulting in the requirement to analyze and address new hazards and work processes," she added. Indeed, there are some industries such as construction or mining which have historically had to deal with a multitude of hazards as well as risk mitigation. This means that, though it was tough, safety pros in that arena had at least some experience when integrating COVID-19 prevention measures. However, for those workplaces (such as office settings, for example) — which present very few risks aside from a slippery floor or a case of carpal tunnel syndrome — legal advice came in very handy when it came to navigating new, complex health and safety measures. The silver lining here, of course, is that WHAT IS MOST IMPORTANT TO SAFETY PROFESSIONALS WHEN DEALING WITH LAW FIRMS? Practical advice Legal knowledge of OHS issues Communication Value for money Understanding of your business needs Proactivity Advice on minimizing OHS risks, including free articles, seminars and other ref materials 100.0% 95.7% 91.4% 97.1% 94.3% 88.6% 85.7%

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