Covid-19 Update March 24 2020 from MPLG Management Solutions Inc.

The COVID-19 issues are fluid, fast moving and ever changing.

 Information is coming at us from many directions.

We are all reacting to the changes being imposed upon us by the various levels of governments, the shutting down of the economy, schools, travel, and now non-essential business.

There are numerous sources providing mis-information and therefore it is important to obtain reliable and accurate information. Below are the links to the Public Health Agency of Canada and the US Centers of Disease Control.

 https://www.canada.ca/en/public-health/services/diseases/coronavirus-disease-covid-19.html

https://www.cdc.gov/coronavirus/2019-nCoV/index.html

 As of Tuesday March 24, 2020, in brief:

• The various levels of government are implementing “states of emergency” ;
• The Ontario provincial government has ordered all non-essential business to close and all non-essential employees work from home and if not working to stay home and only venture outside to obtain food, medicine or fuel;
• Schools are now closed and the closure date has been extended an additional 2 weeks as of Monday March 23, 2020 to April 20, 2020. Expect and plan this date to push further into May and/or June;
• The Canada / USA border is closed to all non-essential / recreational travel (the Federal government is contemplating criminal charges for those who attempt non-essential / recreational travel);
• The term “social distancing” is now changed to “physical distancing”- meaning people should remain a minimum of 2 metres (6 feet) apart from any other person;
• The Prime Minister on March 23, 2020 stated – all non-essential persons should “Go Home and Stay Home”.

COVID-19 is a fast moving virus and changes are occurring regularly. The latest information from the Public Health Agency of Canada and the US Centers for Disease Control shows the virus “spread” continues to worsen and will continue to get worse.

The initial Ontario provincial government closures announced on March 17, 2020 for extension to April 6, 2020  does not prevent a person from infection. The government’s action is designed to “slow the spread” and “flatten the curve” of the infection rate to assist with the anticipated strain forecasted being placed on the medical infrastructure. For example, one Toronto area hospital normally has 40 available ventilators – to service an area population of over 800 000 residents.

There is no vaccine for COVID-19 and the annual Flu shot will not provide protection against COVID-19.

Now, as always during cold and flu season, and should any employee begin exhibiting symptoms of an illness they are to stay home.

In order to reduce the possibility of exposure to any cold or flu virus, including COVID-19 prudent steps need to be taken and include:

• washing hands often with soap and water for at least 20 seconds;
• disinfecting common surfaces such as equipment, door handles and countertops;
• avoid touching the eyes, nose or mouth with unwashed hands;
• covering the nose and mouth when coughing and sneezing by using a tissue or a flexed elbow;
• avoiding contact with people who are sick; and
• contacting a healthcare provider if you have questions or concerns about your health.

Any person over 60 and any person with diminished immunity is at higher risk of suffering adverse affects should they contract the COVID-19 virus.

Therefore, it is also important to stay at home, if able, and limit all social interactions for at least the next 14 days; and if venturing out to maintain “social distance” from others.

“Social Distance” now called ‘Physical Distance” means:

• Staying at least two (2) metres away from another person;
• Avoiding non-essential travel and outings;
• Avoid any gathering of 10 people or more (this number is reducing – as in Quebec which has implemented an order for any gathering of more than 2 people); and
• If ill call your medical provider or local public health office for guidance BEFORE going to a medical office or medical facility.

PREPARE, DEVELOP AND UPDATE YOUR BUSINESS CONTINUITY and CONTINGENCY PLAN ---- NOW!

On Tuesday March 17, 2020 the Premier of Ontario declared a state of emergency in Ontario amid the COVID-19 outbreak, and on Monday March 23, 2020 the Premier announced all non-essential businesses to close by 11:59 PM Tuesday March 24 2020, and to remain closed for at least 14 days. (to April 7, 2020 and expect and prepare for this date to push out beyond April 7).

 It is important all businesses have a plan to conserve cash and ensure your business continuity plan is reviewed and updated weekly or as often as needed.

 The Province of Ontario prohibition on organized public gatherings of over 50 people (including parades, events, and services within places of worship) remains in full force and the immediate closure of the following settings until at least April 7, 2020:

• All facilities providing indoor recreational programs;
• All public libraries;
• All private schools as defined in the Education Act;
• All licensed child care centres;
• All bars and restaurants, except to the extent that such facilities provide takeout food and delivery;
• All theatres including those offering live performances of music, dance, and other art forms, as well as cinemas that show movies; and
• Concert venues.

 What has the Ontario Government defined as an “ESSENTIAL BUSINESS” and Who is an “ESSENTIAL EMPLOYER” ?

The Government of Ontario posted a listing of essential businesses/employers on March 23, 2020. The list can be accessed at:

https://news.ontario.ca/opo/en/2020/3/list-of-essential-workplaces.html

Below is the list of essential businesses/employers.

Supply chains

1.   Businesses that supply other essential businesses or essential services with the support, supplies, systems or services, including processing, packaging, distribution, delivery and maintenance necessary to operate;

Retail and Wholesaling

2.   Businesses engaged in the retail and wholesale sale of food, pet food and supplies, and household consumer products necessary to maintain the safety, sanitation and essential operations of residences and businesses, including grocery stores, supermarkets, convenience stores, markets and other similar retailers;

3.   Businesses that provide essential items for the health and welfare of animals, including feed, animal food, pet food and animal supplies including bedding;

4.   Beer, wine and liquor stores and alcohol producers, and stores that sell beer and wine through arrangements with authorized providers; cannabis stores and cannabis producers;

5.   Gas stations, diesel, propane and heating fuel providers including providers of motor vehicle, aircraft and water/marine craft fuels;

6.   Motor vehicle, auto-supply, auto and motor-vehicle-repair, including bicycle repair, aircraft repair, heavy equipment repair, watercraft/marine craft repairs, car and truck dealerships and related facilities;

7.   Hardware stores and stores that provide hardware products necessary to the essential operations of residences and businesses;

8.   Business providing pharmaceuticals and pharmaceutical services, including pharmacies and dispensaries;

9.   Businesses that supply office products and services, including providing computer products and related repair and maintenance services, for individuals working from home and for essential businesses;

10. Safety supply stores (for e.g. work clothes, Personal Protective Equipment);

Food Services and Accommodations

11. Restaurants and other food facilities that prepare and serve food, but only for delivery or takeaway, together with food delivery services;

12. Hotels, motels, shared rental units and similar facilities, including student residences;

Institutional, Residential, Commercial and Industrial Maintenance

13. Businesses that provide support and maintenance services, including urgent repair, to maintain the safety, security, sanitation and essential operation of institutional, commercial industrial and residential properties and buildings, including, property management services, plumbers, electricians, custodial/janitorial workers, cleaning services, , security services, fire safety and sprinkler systems, building systems maintenance and repair technicians and engineers, mechanics, (e.g. HVAC, escalator and elevator technicians), and other service providers who provide similar services

Telecommunications and IT Infrastructure/Service Providers

14. Businesses engaged in providing or supporting Information Technology (IT) including online services, software products and related services, as well as the technical facilities such as data centres and other network facilities necessary for their operation and delivery; 

15. Businesses providing telecommunications services (phone, internet, radio, cell phones etc.) as well as support facilities such as call centres necessary for their operation and delivery;

Transportation

16. Taxis and other private transportation providers providing transportation services necessary for activities of daily living;

17. Businesses and facilities that provide transportation services to businesses and individuals including by air, water, road, and rail including providing logistical support, distribution services, warehousing and storage, including truck stops and tow operators;

18. Businesses that provide materials and services for the operation, maintenance and safety of transportation systems (road, transit, rail, air and marine) including delivery of maintenance services such as clearing snow, response to collisions, and completing needed repairs to the transportation systems.

Manufacturing and Production

19. Businesses that extract, manufacture, process and distribute goods, products, equipment and materials, including businesses that manufacture inputs to other manufacturers (e.g. primary metal/ steel, blow molding, component manufacturers, chemicals, etc. that feed the end-product manufacturer);

20. Businesses, facilities and services that support and facilitate the two-way movement of essential goods within integrated North American and Global supply chains.

Agriculture and food production

21. Businesses that farm, harvest, process, manufacture, produce or distribute food, including beverages, crops, animal products and by-products, aquaculture, hunting and fishing;

22. Businesses that support the food supply chain including assembly yards, livestock auctions, food distribution hubs, feed mills, farm equipment suppliers, feed suppliers, food terminals and warehouses, animal slaughter plants and grain elevators;

23. Business that support the safety of food including animal and plant health and animal welfare;

24. Businesses that provide veterinary services, and that supply veterinary and animal control medications and related supplies and testing kits;

25. Businesses that help to ensure safe and effective waste management including deadstock, rendering, nutrient management, bio hazardous materials, green waste, packaging recycling;

Construction

26. Construction projects and services associated with the healthcare sector, including new facilities, expansions, renovations and conversion of spaces that could be repurposed for health care space;

27. Construction projects and services required to ensure safe and reliable operations of critical provincial infrastructure, including transit, transportation, energy and justice sectors beyond the day-to-day maintenance;

28. Construction work and services, including demolition services, in the industrial, commercial, institutional and residential sectors;

29. Construction work and services that supports health and safety environmental rehabilitation projects

Financial activities

30. Capital markets (e.g., the TSX);

31. Banking & Activities related to Credit Intermediation; credit unions;

32. Insurance;

33. Businesses that provide pension services and employee benefits services;

34. Businesses that provide financial services including payment processing, the payroll division of any employer (as defined by the Employment Standards Act/Occupational Health and Safety Act), any entity whose operation is the administration of payroll, banks and credit unions;

Resources

35. Businesses that ensure global continuity of supply of mining materials and products (e.g. metals such as copper, nickel and gold) and that support supply chains in Northern Ontario including;

a.   Mining operations, production and processing; 

b.   Mineral exploration and development;

c.    Mining Supply and Services that support supply chains in the mining industry including maintenance of operations, health and safety. 

36. Businesses that provide chemicals and gases to support the natural resource sector analytical labs and drinking water and wastewater sectors and other essential businesses;

37. Businesses that ensure global continuity of supply of forestry products (e.g. lumber, pulp, paper, wood fuel, etc.);

38. Businesses that ensure global continuity of supply of aggregates to support critical infrastructure repairs and emergency response requirements (e.g. sandbags, armour stone barriers, etc.);

39. Businesses that ensure global continuity of supply of petroleum and petroleum by-products;

Environmental Services

40. Businesses that support environmental management/monitoring and spill clean-up and response, including environmental consulting firms, professional engineers and geoscientists, septic haulers, well drillers, pesticides applicators and exterminators, management of industrial sewage/effluent (e.g. for mining operations), and environmental laboratories;

Utilities and Community Services

41. Utilities, and Businesses that support the provision of utilities and community services, including by providing products, materials and services needed for the delivery of utilities and community services:

a.   Waste Collection, Waste/ Sewage Treatment and Disposal, operation of landfills, and Hazardous Waste Disposal;

b.   Potable drinking water;

c.    Electricity Generation, transmission, distribution and storage;

d.   Natural Gas distribution, transmission and storage,

e.   Road construction and maintenance;

f.     police, fire, emergency services including coroner services and pathology services ;

g.   corrections and courts services;

h.   other government services including licenses and permits;

42. Businesses engaged in or supporting the operation, maintenance and repair of critical infrastructure (railways, dams, bridges, highways, erosion control structures, etc.);

Communications Industries

43. Newspaper publishers;

44. Radio & Television Broadcasting;

45. Telecommunications providers;

Research

46. Businesses and organizations that maintain research facilities and engage in research, including medical research and other research and development activities;

47. Businesses that provide products and services that support research activities;

Health Care and Seniors Care and Social Services

48. Organizations and providers that deliver home care services;

49. Retirement homes;

50. Long-term Care Facilities;

51. Independent health facilities;

52. Laboratories and specimen collection centres;

53. Manufacturers, wholesalers, distributors and retailers of pharmaceutical products and medical supplies, including medications, medical isotopes, vaccines and antivirals; medical devices and medical supplies

54. Manufacturers, logistics and distributors of products and/or services that support the delivery of health care in all locations (including but not limited to hospitals, labs, long-term care homes, other residential health care, physicians, nurse practitioners and midwives, and home care services);

55. Businesses that provide products and/or services that support the health sector or that provide health services, including mental health and addictions and counselling supports.

56. Businesses that sell, rent or repair assistive/mobility/medical devices, aids and/or supplies.

57. Businesses that provide personal support services (many seniors and persons with disabilities, who can afford to, hire individuals to assist with the activities of daily living).

58. Health care professionals providing emergency care including dentists optometrists and physio-therapists;

59. Not-for-profit organizations that provide critical personal support services in home and also provide residential services for individuals with physical disabilities (such as the Centre for Independent Living and March of Dimes);

60. Businesses and all other organizations that support the provision of food, shelter, safety or protection, and/or social services and other necessities of life to economically disadvantaged and other vulnerable individuals, including but not limited to food banks, violence against women emergency shelters, homeless shelters, community housing, supportive housing, children's aid societies, residential services for adults with developmental disabilities and for children, and custody and detention programs for young persons in conflict with the law;

Justice Sector

61. Professional and social services that support the legal and justice system;

Other Businesses

62. Rental and leasing services, including automobile, commercial and light industrial machinery and equipment rental;

63. Businesses providing mailing, shipping, courier and delivery services, including post office boxes;

64. Laundromats, dry cleaners and laundry service providers;

65. Professional services including lawyers and para-legals, engineers, accountants, translators;

66. Businesses providing funeral, mortician, cremation, transfer, and burial services, and any related goods and products (such as coffins and embalming fluid);

67. Land registration services, and real estate agent services and moving services;

68. Businesses providing security services including private security guards; monitoring or surveillance equipment and services;

69. Businesses providing staffing services, including temporary help;

70. Businesses that support the safe operations of residences and essential businesses;

71. Businesses that provide for the health and welfare of animals, including veterinarians, farms, boarding kennels, stables, animal shelters, zoos, aquariums, research facilities and other service providers;

72. Child care services for essential workers, and home child care services of less than six children;

73. Businesses providing cheque cashing services;

Business Regulators and Inspectors

74. Organizations, including Administrative Authorities, that regulate and inspect businesses.

Employee Relations – How to manage the employee issues

1.     Employee health and well-being is and should be at the forefront given all the recent events:

• Ensure you provide effective communications when dealing with employees and have a communication plan;
• Remind employees the current events are not their fault – everyone is experiencing the same effects and everyone is reacting to changes as best as possible;
• If an employer has a benefit plan with and “employee assistance plan” (EAP), remind employees to access the service if needed;
• When business operations are closed develop a plan to maintain regular contact with employees – to “check in” at least weekly;

2.     Employees will have many questions regarding job security:

The Ontario government has introduced legislation to amend the [Ontario] Employment Standards Act, 2000,  to provide employees with job protection as a result of being affected by the COVID-19 issues. This means employees who are required to self-isolate; employees who feel ill; employees ordered by their employees to remain at home; and most other issues related to employee absences will result in employee and their work positions being protected. (Similar employee protection legislation is being prepared by governments in other Canadian jurisdictions)

• If an employer has reduced and/or closed its operations and has employees who cannot work from home, those employee are entitled to “protected leave” now defined as “Declared Emergency Leave” (DEL) under the Employment Standards Act, 2000 (ESA). This protected leave is unpaid, job-protected leave of absence and will continue until the declared emergency is ended by the provincial government. Employees have a right to return to their previous job and may not have their employment terminated while on protected leave.
•  Employees who are on a DEL are entitled to continuation benefits (if applicable) during the leave, provided the employee continues to pay their portion of the premiums. Where the is a benefit co-pay (i.e. Employer portion and Employee portion), the Employer should confirm in writing (hard copy or by electronic means) with an employee their agreement continue their benefits coverage by continuing to pay their portion of the premiums.
•  All employees on a protected leave – are to be issued a Record of Employment (ROE) in order to allow employees to apply for EI benefits. (We recommend to use CODE “K” – and in comment section – “COVID-19 temporary shutdown”).
• If an employer is contemplating disciplining an employee for being absent or if an employer is contemplating terminating any employee’s employment or issuing an employee a “permanent layoff” during the state of emergency, please contact us or obtain legal advice before taking any action.

3.     An employee has advised they were or are ill.

• If an employee shows any signs of illness and where work operations are continuing, send the employee home and; advise the employee to self-isolate for at least 14 days;
• Advise the employee to contact their doctor and/or their public health unit;
• Issue a ROE; and
• Remember ! - An Employer may not request and order an employee to provide a medical (doctor’s) note – in other words do not burden and tie up needed resources for notes.

4. An Employer has minimal experience laying off employees – what are the risks?

• Employers generally can layoff non-union employees on a temporary basis, and in Ontario temporary lay-offs are not to exceed 13 weeks in any 20 consecutive week period. The lay-off can be extended to up to 32 weeks’ if certain conditions are met, (e.g. continuing all benefits during the lay-off period).
•  If a lay-off (in Ontario) exceeds the 13 week threshold normally the employment relationship is deemed terminated and termination and or severance pay (if applicable) is to be paid. However, given the state of emergency and at this early stage of the state of emergency the “normal” is not “normal” and employers need to take the appropriate actions to preserve their business.
•  Normally laying off salary employees may result in a claim of “constructive dismissal”; as a result of the employer making a “fundamental change” of an employment condition. The current environment is not normal and if an employer has no available work or if the employer has no work the employee can do from home, an employer may lay-off the employee and focus on preserving their business.

5. An employee is concerned about their financial well-being due to being laid off from work.

• The Federal and the Provincial governments are still working on monetary packages and details are still not finalized. Advise employees to apply for Employment Insurance (EI) benefits using their “Service Canada” account (they may have to create an account) as soon as possible. Claims will not be unnecessary delayed due and ROE not being filed by an Employer.
•  If the employee does not have access to a computer or are not computer proficient, and if able – allow employees to use company computers, or advise them to call a Service Canada office near their residence.
•  Advise employees to speak to their financial institution for options with managing mortgage and other credit payments. Many financial institutions are preparing to provide no-penalty extension periods.
•  Advise employees to review their additional costs that may include
• Reduce use to one car – and reduce insurance coverage
• Review current phone plans

Business Continuity and Support -

1.  Have you secured your corporate data?
2. Are you prepared and able to support employees working remotely (from home) for employee relations or IT matters?
3. Do you have a plan to recall employees once the state of emergency ends?

When the state of emergency ends and operations being to start again, expect a slow recovery process. Many employers and employees will have been financially hurt. Ensure your business has a plan.

 We can help.

 If you have any questions or if we can be of assistance please do not hesitate to call 416-347-6875 or e-mail [email protected]

 Stay Well! Stay Safe! And be Kind!

 Mark