Pandemic Planning

Presenter:Mike A. CumaVice President Human Resources &Labour Relations ConsultingLegacy Bowes Group

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H1N1 Human Resources Issues & Considerations

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Table of Contents

1. Developing your Plan – The HR Perspective

2. Right to Refuse Unsafe Work

3. Workplace and Occupational Illness

4. Disability Providers (Non Occupational)

5. Employment/LabourStandards

6. Employee Exhibiting Flu-Like Symptoms

7. Business Travel

8. Unionized Workplaces

H1N1 – Developing Your Plan – The HR Perspective

General Principles

• Each organization and company is different.

• Your plan will have to address the specific nature of your unique workforce.

Key Considerations

• Nature of work performed by your employees.

• Represented, non represented, mixed.

• Inclusion of people at high risk.

• Location of workplace(s).

• Applicable legislation in your jurisdiction.

• Company policies and procedures.

• Collective Agreements.

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H1N1 – Right to Refuse Unsafe Work

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General Principles• Right to refuse unsafe work can be found in:

• Legislation

• Collective Agreements

• Key elements include:

• Refusal to unsafe work

• Belief on reasonable grounds

• Work constitutes a danger

• Safety or health

• Employee or others

• It has happened! It will continue to occur.

H1N1 – Right to Refuse Unsafe Work

Observation and Experience• It will happen - it already has!• Avoid knee jerk reactions:

– Ignoring or downplaying seriousness– Letting personalities or emotions

creep in– Challenging or denying the merits

without careful review• The impact of a refusal are greater

than most organizations perceive:– Disruption– Time loss– Conflict– Employee relations

• Workplace Safety and Health regulators will: – Respond in accordance to legislation– Investigate– Issue any necessary orders– Uphold the law

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H1N1 – Right to Refuse Unsafe Work

Employer Recommendations

Review procedures for Right to Refuse:

• Legislation

• Policy

• Collective Agreement

Ensure supervisors are trained on how to handle any such refusal.

Coordinate your approach with Workplace Safety and Health Committee.

Treat any refusal seriously

Strictly follow :

Legislation

Policy and Procedure

Collective agreement

Attempt to resolve and remedy at the earliest point possible

If you do not have adequate safeguards precautions and procedures in place you will be ordered to do so!

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H1N1 – Workplace and Occupational Illness

General Principles

• Disability and other benefits are provided to workers who incur a loss of wages due to workplace injuries and occupational illness.

Key Elements

• Illness contracted in the workplace

• In the course of employment

• Presumed compensable

• Workers to mitigate

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H1N1 – Workplace and Occupational Illness

Worker Claims

• Most will think of health care and related workers.

• Other workers who are covered may be eligible.

• Claims can be filed.

• Standard adjudication principles will apply.

Workers Compensation Requirements

•Definitive and objective diagnosis of H1N1.

•Simple flu-like symptoms will not suffice.

•Determination whether exposure occurred in the course of employment:

•In the workplace

•Workplaces can vary

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H1N1 – Workplace and Occupational Illness

Specific Details Needed• Whom the claimant was

exposed to.• Definitive diagnosis of person

at the source of contact/exposure.

• When?• Where?• Benefits will not be paid where

employers send employees home as a precautionary or preventative measure.

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H1N1 – Workplace and Occupational Illness

Employer Recommendations

Treat any claim seriously.

Review and thoroughly investigate any claim for H1N1 as you would any other injury or illness claim.

Assess any accommodation that may be practicable and offer it to the worker.

File all required compensation forms and documents.

Notify compensation if you plan to appeal or challenge.

Thorough documentation is essential.

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H1N1 – Disability Benefit Providers (Non Occupational)

General Principles• Employees in many workplaces

are covered by STD and LTD benefits plans.

• Such plans are delivered by a third party insurer who administers such benefits.

• Each benefits policy must be reviewed on a case by case basis.

Insurance Providers• Apply specific terms and

provisions.• Adjudicate claims in accordance

with policies.

• Waiting periods applied (elimination period).

• 60% disability threshold typical.• Medical documentation and

information required.Diagnosis.What is it that disables the

person?Accommodation?Specific restrictions and

limitations.

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H1N1 – Disability Benefit Providers (Non Occupational)

Sending Employees Home – Precautionary

• Employer sends an employee home as a precautionary measure.

• Insurers refer to this as “Involuntary Quarantine”.

• No benefits are payable.

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H1N1 – Disability Benefit Providers (Non Occupational)

Employer RecommendationsReview disability benefits

policies with your benefits provider.

Review provisions of collective agreements if applicable.

Communicate requirements to employees.

Treat any claim for STD benefits seriously.

Accommodate specific restrictions and limitations if practicable.

Process claims as required- Do not take on the role of adjudicator.

Let the insurer do their job. Insist the insurer does their job!Maintain regular contact with all

employees.

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H1N1 – Disability Benefit Providers (Non Occupational)

Observations and Experience

• Employees facing loss of income may consider this approach.

• Potential source of:• Employee conflict• Union conflict• Employees and

physician conflict

• Insurance companies will be extremely cautious about paying benefits.

• Consider the reasons for: • Waiting periods• Deductibles

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H1N1 – Employment / LabourStandards

General Principles

• Employment or Labour Standards set forth the minimum or basic level of entitlement under statute.

• Vary from jurisdiction to jurisdiction.

• Basic entitlements can be and are typically exceeded by:

• Company policies

• Collective Agreements

Key Provisions to Review in Your Jurisdiction

• Reporting to work

• Scheduling of work

• Annual vacations

• Lay-offs• Temporary• Otherwise

• Termination of employment

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H1N1 – Employment/Labour Standards

Employer Recommendations Review legislated standards in your

jurisdiction. If you have specific questions:

Applicable employment /labour standards offices can be contacted free of charge.

Review with legal counsel. Ensure company policies and

procedures meet or exceed minimum standards.

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H1N1 – Employee Exhibiting Flu-Like Symptoms

General Principle

• Employers may remove workers from the workplace at any time they have a concern for safety and health.

• Employers may remove workers from the workplace if they exhibit flu-like symptoms.

• It is not necessary for the employer to diagnose the symptoms exhibited.

Key Elements

• Only recommend where flu-like symptoms are exhibited.

• Such decisions may be open to review. (Example: Collective Agreement)

• You should have a reasonable belief that the employee is exhibiting flu-like symptoms.

• Such action is:–Non disciplinary–Non culpable

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H1N1 – Employee Exhibiting Flu-Like Symptoms

Employer Recommendations Establish communication directly

with the employee. Determine whether other health

conditions or concerns exist. Act accordingly.

Determine whether the employee requires transportation to their residence or a medical centre.

In some circumstances it is recommended the employee not be permitted to operate a vehicle.

Verify the employee made it safely to their residence or medical centre.

Review any policies in place:Workplace Safety and HealthOthers

Review provisions of any collective agreement that may be in effect.

Maintain routine contact with the employee.

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H1N1-Business Travel

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General Principles•Defer all “non-essential” travel.

•Seek alternative communication methods.

•Monitor locations or regions where essential travel is permitted.

•Expect business travelers to experience delays, extended stays, extra costs.

H1N1-Business Travel

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Alternatives toBusiness Travel• Email• Conference Calls• Webinars

Go to Meeting www.gotomeeting.com/en/pre/pricing.tmpl

Google Apps

www.google.com/apps/intl/en/business/index.html

Oovoo

www.oovoo.com

Skype

www.skype.com

Adobe Acrobat Connect

www.adobe.com

H1N1-Business Travel

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Employer Recommendations Permit only “essential” travel. Review and assess employee

health travel coverage. Permit employees in “high risk”

categories to defer travel. Encourage employees to get

vaccinated. Prepare an employee

information package.

Employer RecommendationsIf essential, direct workers to:

Check for symptoms before leaving.

If ill stay home.Follow personal hygiene

measures.Report illness while travelling

immediately to their supervisor.Contact their supervisor daily.Seek medical attention if ill while

travelling.Update emergency medical

contact information.

H1N1-Business Travel

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H1N1- Unionized Workplaces

General Principles• Role of the union must be respected.• Unions will need to be consulted and

involved in:• Planning• Implementation• Review

• Each situation is unique so a case by case approach is required.

• Changes that will impact terms and conditions of collective agreements will require union approval.

• Most unions are reluctant to amend collective agreements during their term.

• Unions will passionately and effectively represent and protect members rights and interests on the issue.

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H1N1- Unionized Workplaces

Information on Union Websites

• Links to general information sites

• General prevention

• Workers Rights

• Right to Refuse unsafe work

• Recent media articles

• Legal trends and rulings

• Contacts for additional information

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H1N1- Unionized Workplaces

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CBA Provisions to Note• Right to refuse unsafe work

• Safety and health

• Return to work and accommodation

• Work assignment and job classification

• Work scheduling

• Hours of work

• Call-in

• Pay for reporting to work

• Sick leave

• Leave of absence

• Vacation

• Temporary or short term lay off

• Lay off

• Health, medical and disability benefits

• Others?

H1N1-Unionized Workplaces

Employer Recommendations Review terms and conditions of CBA Consider potential CBA implications

of any planned action Review any company rule or policy

changes and their impact on the CBA Include the union in planning

implementationSafety and Health CommitteesLabour Management Committees

Seek solutions that do not require amendment of the CBA

Provide supervisors with clear direction on handling:Employee and union questionsRefusals to perform unsafe workGrievancesEmployee disputes or conflict

Maintain ongoing dialogue with:EmployeesSupervisorsUnion representatives

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