The RCMP in Alberta have announced they have openned an investigation into a worker fatality that occurred at Cargill Meats in High River at the start of the Covid-19 outbreak.

This is likely the first investigation of its kind in Alberta. Occupational Health and Safety related injuries and fatalities are usually investigated by Provincial Occupational Health and Safety Officers, however, in cases that appear to have a criminal element the Police can investigate under Section 217.1 of the Criminal Code of Canada (The Westray Bill).

The “Westray Bill”, was created following the 1992 Westray coal mining disaster in Nova Scotia where 26 miners were killed after methane gas ignited causing an explosion. Employees, union officials raised serious safety concerns. yet the company instituted few changes. Eventually, the disaster occurred.

After the accident the police and provincial government failed to secure a conviction against the company or three of its managers. A Royal Commission of Inquiry was established to investigate the disaster. In 1998, the Royal Commission made 74 recommendations. The findings of this commission (in particular recommendation 73) were the movement that led to amendments of the Criminal Code.

Section 217.1 states “Every one who undertakes, or has the authority, to direct how another person does work or performs a task is under a legal duty to take reasonable steps to prevent bodily harm to that person, or any other person, arising from that work or task.”

Essentially anyone who directs the work of other employees can be held liable under this section when an injury occurs to a worker. This includes supervisors, managers, right up to the executive level of a company.

It will be interesting to see the outcome of this investigation and if charges are in fact laid. If so, it will be the first such charge laid under this provision in Alberta. As referenced in the attached article, there have been only 6 convictions under this provision since it was enacted in 2004.

https://www.cbc.ca/news/canada/calgary/rcmp-criminal-investigation-cargill-covid-1.5867547

As many children return to school, some companies are asking employees to return to the office for work, citing many reasons, such as enhanced collaboration, employees being isolated and suffering loneliness and increased productivity. In some cases, employers and managers relate productivity to “bums in seats” and prefer to see their employees working.

A recent Statistics Canada report stated that 40% of Canadians are in jobs that could realistically be done from home. Yet, just because employees are in jobs that could be done virtually, this does not necessarily mean that those employers and employees are equipped to work from home.

Many employers did not anticipate working remotely, in fact many employers had no plan at all to take their business virtual and their employees had no plan or intention to work from home. While the possibility of a global pandemic has been a possibility, the idea of closing your business overnight was not on the cards for many.

We should not forget that on March 14, 2020 the Government of Alberta said that schools would remain open, then during the March 15, 2020 press conference it was announced that all in-class lessons were cancelled. In the space of 24 hours over a weekend, parents were required to figure out how to work and home school at the same time and employers were faced with running a business, managing their own family situation and accommodating their employees.

Accepting that not all jobs can be done virtually and require employees to be physically present at the worksite, lets take the 40% that, according to Statistic Canada could work from home. With the advances of technology, it is possible for these employees to work virtually, but that comes at a cost and requires planning. This is where a comprehensive business continuity plan is important for all businesses. A business continuity plan can be created at any time, but it is essential to create or review your plan when you are setting up a new business, opening a new office or location, or undertaking capital expenditure on physical space and technology or hiring new employees

Imagine, you have just started a company with 10 employees. The concept has been developed around a physical office space. You have an onsite server and desktop computers linked to that server. On March 13, 2020, you were working in the office and on March 15, 2020, your office is now closed, and your employees are at home. How will they access the server, access work product, answer calls and work from home? While the cost will be greater at the outset, this business could have been developed with an offsite server, laptops instead of desktops and a digital phone system that can be transferred directly to employees. This is not the only answer to these challenges, but an example of how planning can support your business continuity.

Now you have built your infrastructure around the possibility of working remotely, what about your employees and leadership, are they ready for work from home? Leading a team that works virtually is not easy, especially if you are accustomed to leading a physical office, but it can be done and again it needs planning.

One of the concerns some leaders have with employees working from home, is that they are not “working” from home and their productivity will not equal that of when they are in the office. Effective remote working requires a higher level of trust from the leader and a higher level of accountability from the employee.

A clear set of expectations is vital to support this process and it is legitimate for an employer to set those expectations; such as; the hours of work / availability; attending virtual meetings as set by the employer; methods of communication, productivity targets, and if they are missed to explain why they missed the target; and continue to advise of absence due to appointments and illness. 

Employers need to establish if their employees can work remotely. Prior to Covid-19, when did you ask your employees if they are able to work remotely or what would they need to be productive at home? Some employees may not have access to fast internet or have knowledge or training on some of the remote working applications needed to be effective, such as Microsoft Teams, Zoom and WebEx, to name a few. Even if you have all the infrastructure in place as an employer, do your employees have what they need to be successful

In return, leaders need to be consistent, responsive to questions from employees and not hold up the process or the employee’s productivity; respect employee hours of work and availability; and provide feedback and support in a timely manner.

Business continuity planning is about considering all the factors that could impact your business and the steps you will take to respond to mitigate the disruption.

Mission Workplace Consulting can support you with your business continuity planning. Connect to get more information.

August marks the launch of Mission Workplace Consulting, created to provide comprehensive support to businesses and employers in Alberta when dealing with workplace related issues.

This venture is not something I was planning to undertake, and certainly not in the middle of a pandemic. However, it has become clear that many small businesses and employers have struggled to navigate the challenges of operating during this unprecedented time, some temporarily closing their business, or reopening and returning employees to the worksite.

I have spoken to many employers over the last few months and a common theme I have heard is the challenge of responding to the pandemic with very little notice. Many small to medium sized business don’t have dedicated internal resources to manage risk or labour related issues, in which case it is unlikely they have had the time or resources to consider what “business continuity” looks like to them. It is clear that many businesses have adapted to the pandemic to maintain operations, however the presence of a comprehensive business continuity plan could have made this transition easier and quicker.

Another area of concern has been employee health and safety. Some employers have operated uninterrupted throughout the pandemic, others have closed offices and allowed employees to work from home, some have done a mixture of both. The Province has been providing advice to employers throughout the pandemic, although there is not a one size fits all. For some employers returning employees to the worksite is not a simple decision, and it is important to weigh the pro’s and con’s of doing so, even if the Province says you can. Creating a comprehensive, common sense return to work plan is key to ensuring employee safety.

With over 20 years of inspection, investigation and regulatory compliance experience in both the public and private sector these are areas where I believe Mission Workplace Consulting can provide support to businesses and employers and why now seemed the right time to start this company.

If you require support with workplace training, policy development or regulatory compliance please connect with me at pmincher@missionworkplace.ca