On April 28, 2020, around 80 countries worldwide will mark an official Day of Mourning to commemorate those workers who have suffered work-related injuries, illnesses and deaths.
All industries are facing an ongoing and fluid landscape amid the COVID-19 pandemic. Workplaces are temporarily shutting down, or have moved towards unprecedented work-at-home procedures. However, many construction jobsites remain open throughout Canada and B.C. B.C.’s Health Officer has clarified that the ban on gatherings of more than 50 people does not apply construction jobsites. Nonetheless, while the construction industry continues to operate, doing so is not without change, risk and the need to adapt.
Recent Ontario human rights jurisprudence has reaffirmed many of the principles associated with the employer’s duty to accommodate. In particular, when assessing accommodation requests, employers need not apply/accept each accommodation request, but must ensure that they are only denying or limiting lawful accommodation requests in the presence of sufficient evidence to support the limitation or denial.