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WSIB responds: “The Operational Policy Branch provides policy information but cannot comment on specific cases or provide legal advice.
According to section 13 of the Workplace Safety and Insurance Act, 1997 (WSIA), a “worker who sustains a personal injury by accident arising out of and in the course of his or her employment is entitled to benefits under the insurance plan”. Furthermore, pursuant to s.26(2) a worker’s entitlement to benefits under the insurance plan is in lieu of all rights of action that a worker, or their representative, has against an employer.
With respect to determining if an injury occurred in the course of employment, additional guidance is provided in OPM document 15-02-02 Accident in the Course of Employment. In particular, to determine if a personal injury by accident occurred in the course of employment, the decision-maker applies the criteria of place, time, and activity. While the importance of the three criteria depends on the circumstances of each case, usually it’s the activity of the worker at the time of the accident that is most significant in determining work relatedness.
In the present case, seeing that the workers were seemingly performing their routine work activities, a worker who experiences a workplace accident is likely entitled to receive benefits under the WSIA. The fact that the employer continued to operate their business in contravention of the Emergency Order made under the Emergency Management and Civil Protection Act would likely not affect their workers’ entitlement to benefits under the WSIA. However, in lieu of entitlement, the injured worker is likely not able to seek a right of action against the employer, as per s.26(2) of the WSIA.
With respect to entitlement for a worker who contracts COVID-19, there are specific criteria that must be satisfied. Specifically, evidence must show that the person’s risk of contracting the disease through their employment is greater than the risk to which the public at large is exposed and that work significantly contributed to the person’s illness. To determine the work-relatedness of COVID-19 claims, the Workplace Safety and Insurance Board (WSIB) will look at details such as the person’s employment activities, their symptoms and whether they have a diagnosis of COVID-19. For more information please see the WSIB’s COVID-19 update page.”
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For employers that are eligible for both the Canada Emergency Wage Subsidy and the 10 per cent wage subsidy for a period, any benefit from the 10 per cent wage subsidy for remuneration paid in a specific period would generally reduce the amount available to be claimed under the Canada Emergency Wage Subsidy in that same period.
Law firm BLG provides more information on both subsidies here.
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An employer would not be eligible to claim the Canada Emergency Wage Subsidy for remuneration paid to an employee in a week that falls within a 4-week period for which the employee is eligible for the Canadian Emergency Response Benefit.
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Information on the process to apply, when to apply (depends on your birth month, starting April 6, 2020) and FAQ’s is available online at www.canada.ca/en/services/benefits/ei/cerb-application.html
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Review the list provided by the Ontario Government.
Please note: You do not need to stop operating if your employees can work remotely from home. Only non-essential physical workplaces need to close until at least April 18, 2020. This is in response to our temporary measures to stop the spread of the 2019 novel coronavirus (COVID-19).
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We are told by the government that employers will not be able to top up employees who are receiving CERB (The SUB plan apples to EI recipients only).
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More information is available here: FAQs for deferral of GST/HST Tax Remittances
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Review the list provided by the Ontario Government.
Please note: You do not need to stop operating if your employees can work remotely from home. Only non-essential physical workplaces need to close until at least April 7, 2020. This is in response to our temporary measures to stop the spread of the 2019 novel coronavirus (COVID-19).
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It is suggested that you implement the same measures as outlined by the provincial and government related to social distancing, providing all necessary Personal Protective Equipment (PPE) and implementing measures to support recommended hygiene while at work, along with other measures to maintain worker Health & Safety (including wipe down of surfaces and social distancing, etc.) at all times while at work.
Resources:
Risk-informed decision-making for workplaces/businesses during the COVID-19 pandemic
A framework for risk-informed decision making about public health actions for workplaces/businesses during the COVID-19 pandemic
Government of Canada
Resources for Canadian Businesses
BDC
COVID-19 health and safety updates
Answer: Refer to; Keep informed with the latest COVID-19 health and safety updates and click on “Prevention and Risk” for the most up to date information.
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Take every precaution in terms of providing health and safety for all. Provide constant communications and updated information to all staff and clients. Seek out and share information from LO’s COVID-19 Resource Hub
Resources:
Risk-informed decision-making for workplaces/businesses during the COVID-19 pandemic
A framework for risk-informed decision making about public health actions for workplaces/businesses during the COVID-19 pandemic
Government of Canada
Resources for Canadian Businesses
To support communications with staff, take advantage of posters and infographic resources provided by the Federal and Provincial governments and presented on the LO COVID-19 Resource Hub.
Document all training undertaken as you normally would and keep records of employee attendance.
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There are temporary Employment Insurance (EI) measures made available by the government. Employees should be provided this information and encouraged to apply on-line as soon as possible upon notice of lay off.
Employment Insurance (EI)
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Canadians who are already receiving EI regular and sickness benefits as of today would continue to receive their benefits and should not apply to the CERB. If their EI benefits end before October 3, 2020, they could apply for the CERB once their EI benefits cease, if they are unable to return to work due to COVID-19. Canadians who have already applied for EI and whose application has not yet been processed would not need to reapply. Canadians who are eligible for EI regular and sickness benefits would still be able to access their normal EI benefits, if still unemployed, after the 16-week period covered by the CERB.
MORE INFORMATION ON THE PROPOSED LEGISLATION
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There are 2 resources provided:
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Follow the same protocols your company has in place when dealing with the Occupational Health and Safety Act and reportable incident with Workers Compensation (WSIB).
For more information about WSIB insurance, claims management, and the COVID-19 virus, CLICK HERE
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There has been no change to the filing due dates for T2 corporate returns. CRA is allowing business to defer payment of income tax amounts that are owing on or after March 18, 2020 and before September 2020 until August 31, 2020. It is our understanding that any balances deferred (as described above) would not have any additional interest accrued until after August 31, 2020.
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There is no change for GST/HST, payroll remittances or any other withholdings.
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The 10% payroll subsidy is in effect immediately. Any eligible small employers may reduce their payroll remittances to the CRA equal to 10% of the gross wages paid to an employee up to a maximum of $1,375 per employee and $25,000 per employer. The subsidy applies to remuneration paid to employees on or after March 18 and before June 20.
You are an eligible employer if you:
CCPCs are only eligible for the subsidy if their associated group taxable capital in Canada for the preceding tax year is less than $15 million.)
Example: For example, if you had 3 employees that earned a total of $1,500 of gross wages in a remittance period. The total remittance owing is $500, you would pay CRA $350 ($500 – ($1,500 x 10%).
Further details can be found here: https://www.canada.ca/en/revenue-agency/campaigns/covid-19-update/frequently-asked-questions-wage-subsidy-small-businesses.html
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To support people facing unemployment, the Federal Government has established the new Canada Emergency Response Benefit (CERB) provides a taxable benefit of $2,000 a month for up to 4 months to:
The Canada Emergency Response Benefit will be accessible through a secure web portal starting in early April. Applicants will also be able to apply via an automated telephone line or via a toll-free number.
Link: https://www.canada.ca/en/department-finance/economic-response-plan/covid19-individuals.html#new_canada_emergency_response_benefit
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LO HR Toolkit Current, up-to-date Toolkits provide a Human Resources Policies and Procedures Manual and a Human Resources Employee Handbook developed for Landscape Ontario members to use in their business.
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WSPS provides these Free Tools to Help Implement Pandemic Policies
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There have been many interpretations, and as each business model can be unique, we have sought guidance from the government.
LO continues to await official response from the government as to where each sector fits. In the meantime, we are suggesting that you call in to the toll free number at: Stop the Spread Business Information Line Now Open at 1-888-444-3659
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Cleaning Products: Although there is lack of specific evidence for their effectiveness against COVID-19, cleaning with water and household detergents and use of common disinfectant products should be sufficient for cleaning and disinfection in non-healthcare settings.Footnote 8 If household or commercial disinfectant cleaning products are not readily available, hard surfaces can be disinfected using a mixture of 1 part bleach (5% sodium hypochlorite) and 9 parts water, ensuring the dilute solution makes contact with the surface for 1 minute for disinfection. Footnote 9
Clean and disinfect frequently touched objects and surfaces using antibacterial wipes or sprays (e.g. doorknobs, telephones, keyboards, light switches and desktops). It is still not known how long the COVID-19 virus survives on surfaces, although preliminary information suggests the virus may survive a few hours or more. Simple disinfectants, such as household antibacterial cleaning products (e.g. Lysol), are effective on non-porous surfaces when used as per the product directions. You can also use diluted bleach (1 part bleach to 9 parts water) to clean high-touch surfaces.
If they can withstand the use of liquids for disinfection, high-touch electronic devices (e.g., keyboards, tablets, smartboards) may be disinfected with 70% alcohol (e.g. alcohol prep wipes) ensuring the dilute solution makes contact with the surface for 1 minute for disinfection.Footnote 5
Even though the new coronavirus can stay on surfaces for a few hours or up to several days (depending on the type of surface), it is very unlikely that the virus will persist on a surface after being moved, travelled, and exposed to different conditions and temperatures. If you think a surface may be contaminated, use a disinfectant to clean it. After touching it, clean your hands with an alcohol-based hand rub or wash them with soap and water
Be aware that both alcohol and chlorine can be useful to disinfect surfaces, but they need to be used under appropriate recommendations. Follow product labels/directions for any recommendations on PPE and safe handling.
Thank you to Workplace Safety Prevention Services (WSPS) for providing this information
FAQs about Covid-19 WSIB claims
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To support people facing unemployment, the Federal Government has established the new Canada Emergency Response Benefit (CERB<) provides a taxable benefit of $2,000 a month for up to 4 months to:
The Canada Emergency Response Benefit will be accessible through a secure web portal starting in early April. Applicants will also be able to apply via an automated telephone line or via a toll-free number.
Link: https://www.canada.ca/en/department-finance/economic-response-plan/covid19-individuals.html#new_canada_emergency_response_benefit
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It is our duty to maintain the 2m social distancing so unless you can support that then my suggestion is you need to provide other means of transportation and if no possible lay him off. There are EI supports for workers currently. See the COVID-19 Resource Hub.
Some firms are having staff drive separate vehicles/personal vehicles to stay safe between clients etc. and the business is paying time and mileage… There are strategies possible if you want to continue to serve clients.
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Social distancing rules prevail, so to answer your question, as long as that distance is maintained within the truck/vehicle then the answer is yes. (Depends on the size of the vehicle).
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Yes, many of our members are meeting clients with social distancing measures in play that include:
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Answer 2: (From President Dave Wright
Dr Alan Weiss by way of Jeffery Scott
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Cleaning Products: Although there is lack of specific evidence for their effectiveness against COVID-19, cleaning with water and household detergents and use of common disinfectant products should be sufficient for cleaning and disinfection in non-healthcare settings.Footnote 8 If household or commercial disinfectant cleaning products are not readily available, hard surfaces can be disinfected using a mixture of 1 part bleach (5% sodium hypochlorite) and 9 parts water, ensuring the dilute solution makes contact with the surface for 1 minute for disinfection. Footnote 9
Clean and disinfect frequently touched objects and surfaces using antibacterial wipes or sprays (e.g. doorknobs, telephones, keyboards, light switches and desktops). It is still not known how long the COVID-19 virus survives on surfaces, although preliminary information suggests the virus may survive a few hours or more. Simple disinfectants, such as household antibacterial cleaning products (e.g. Lysol), are effective on non-porous surfaces when used as per the product directions. You can also use diluted bleach (1 part bleach to 9 parts water) to clean high-touch surfaces.
If they can withstand the use of liquids for disinfection, high-touch electronic devices (e.g., keyboards, tablets, smartboard) may be disinfected with 70% alcohol (e.g. alcohol prep wipes) ensuring the dilute solution makes contact with the surface for 1 minute for disinfection.Footnote 5
Even though the new coronavirus can stay on surfaces for a few hours or up to several days (depending on the type of surface), it is very unlikely that the virus will persist on a surface after being moved, travelled, and exposed to different conditions and temperatures. If you think a surface may be contaminated, use a disinfectant to clean it. After touching it, clean your hands with an alcohol-based hand rub or wash them with soap and water.
Be aware that both alcohol and chlorine can be useful to disinfect surfaces, but they need to be used under appropriate recommendations. Follow product labels/directions for any recommendations on PPE and safe handling.
Thank you to Workplace Safety Prevention Services (WSPS) for providing this information
Sherrard Kuzz provides COVID-19 Frequently Asked Questions to Assist Employers
As the 2019 novel coronavirus (COVID-19) continues to spread around the globe, employers need to know their legal rights and obligations as it relates to the Canadian workplace.
Here are some of the most pressing Frequently Asked Questions.
Deloitte: COVID-19 Managing cash flow during a period of crisis
COVID-19 Employee Rights (Ontario) provided by Dutton Employment Law (March 20, 2020)
HR Downloads Q&A about Employment and ROEs (March 20, 2020)
SB Partners offers Financial Guidance for Business and Canadians during COVID-19
Canadian Federation of Independent Business (CFIB)
Greenius: COVID-19 Tips for Best Practices
For the latest News, see LO COVID-19 Resource Hub