The COVID-19 pandemic has raised issues with work travel for Canadian companies, according to labor law experts, and has forced companies to re-evaluate their travel policies.
Many Canadian employers are looking for ways to keep employees off the road unless the travel is for essential reasons, explained Cissy Pau, principal advisor at Clear HR Consulting in Vancouver, British Columbia, Canada.
“The world has been closed since March 2020,” she said. “Many people currently do not want to travel on business for health and safety reasons.”
While travel to work is allowed in Canada, travelers must follow health and safety precautions, said Amy Frankel, a lawyer with Forte Law in Surrey, British Columbia.
“Masks are required at airports, on public transport, and in taxis or ridesharing,” noted Frankel. “Health officials have stated that employers must make every effort to provide options for working from home and that workplaces must ensure that all workers are kept an appropriate physical distance. Taken together, these current rules seem to indicate that Employers should limit unnecessary work trips anytime and anywhere. “
Canada has some of the world’s toughest restrictions on inbound and outbound travel. The Public Health Agency of Canada has advised Canadians to avoid all unnecessary travel outside the country until further notice.
If entry into Canada is essential, all passengers 5 years and older must take a negative COVID-19 test beforehand Travel by plane. Passengers must provide documentation of a negative COVID-19 test result to the airline prior to boarding. Even if a traveler has proof that they have the COVID-19 vaccine, this documentation does not replace a negative test result.
Travelers are required to present their mandatory 14-day quarantine plan upon or prior to entering Canada, the Canadian government added. Prime Minister Justin Trudeau said Jan. 5 that travelers who fail to adhere to the 14-day quarantine rule after the trip could face consequences, including fines or jail terms. according to Travelweek.
Working safely in British Columbia
Canadian employers have an obligation to protect the health and safety of their workers, experts say.
British Columbia’s Workers’ Compensation Board, or WorkSafeBC, has insisted that employers take the necessary precautions to minimize the risk of COVID-19 in the workplace. All employers in British Columbia must have one COVID-19 security plan on the spot, explained Frankel.
British Columbia workers have the right to refuse work if they believe it will pose an unreasonable risk. This means that “a worker’s job role exposes them to increased exposure and there are no adequate controls in place to protect them from that exposure”. If an employer follows all WorkSafeBC guidelines and health instructions, an employee is unlikely to refuse to work, Frankel added.
According to Brandon Hillis, an attorney for Roper Greyell in Vancouver, WorkSafeBC has encouraged flexibility in working from home during the pandemic.
Corporate culture during COVID-19
Work trips are not the usual business during the pandemic, Frankel said. “Employers have drastically reduced work trips and are using technology like Zoom or Microsoft Teams to hold virtual meetings, interviews, presentations, conferences and sales pitches.”
Many employers find that using technology to replace work travel has reduced costs, saved time and increased efficiency – especially since the pandemic accelerated adoption of virtual technology rather than face-to-face meetings, according to Frankel.
Site visits and inspections are now often done with a person using a handheld camera to transmit images to a remote inspector, she noted.
Canada’s second wave
Both employers and employees should reconsider their travel obligations, especially during the second wave of COVID-19 in Canada, Hillis added.
According to Canadian news magazine Maclean’s, Ontario and Quebec will be closed again from January 2021, while Alberta, British Columbia, Manitoba and Saskatchewan will have restrictions.
Business travelers following public health regulations in different provinces may choose to decline work trips within the country.
“Fear is high during Canada’s second wave,” said Pau. “Employers need to address why employees are worried about travel and focus on mental health issues arising from bans and restrictions.”
Employers should treat denials as serious and worth investigating, Hillis said. Employers are “liable if they refuse refusals. They should do everything in their power to keep lines of communication open with employees.”
If an employee declines to work and travel during the pandemic, HR should identify the employee’s specific concerns, Frankel said. The HR department should then work with the employer with the employee to reach mutually acceptable agreements.
Catherine Skrzypinski is a freelance writer based in Vancouver, British Columbia.
