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The COVID vaccines are a solution to the grave risks currently faced by Canadian employers if the virus spreads in their workplace, said employment and labour lawyer Howard Levitt, at a recent Canadian Lawyer Magazine webinar. There is a $10-million fine for COVID carelessness under the Ontario Emergency Management and Civil Protection Act. If employers fail to keep the workplace sufficiently safe and in compliance with the relevant standard of care – currently the prescription of public health authorities – employers also face the “well-trodden action for negligence,” said Levitt, senior partner at Levitt Sheikh Chaudhri Swann Employment + Labour Law.
And while there is a “clear conflict” between privacy rights and workplace safety, throughout the pandemic the law has consistently leaned toward safety, said Levitt.