Resource Directory – Mandatory Vaccine Policies 2021

This list will be updated as resources, examples and information becomes available.

ALIGN Presentation Materials from Mandatory Vaccination  Webinar Oct 5, 2021
Some employers in our sector are debating if they should make Covid-19 vaccinations mandatory for employees. Calgary lawyer (Associate, JSS Barristers) Sarah Miller has shared her presentation materials Vaccine Policies in the Workplace with us to give further insight if you missed the Webinar

ALIGN Communique on Mandatory Vaccination Sept 2021
Click Here to Download pdf or view document below. Scroll down for additional resources

ALIGN Special Communique on Mandatory Vaccination - 1.1 Sept 2021

 

MANDATORY VACCINATION POLICY EXAMPLES
POLICY – Standard for COVID-19 Immunization of Oak Hill Personnel (ALIGN MEMBER)
CASA OHSW.23 COVID-19 Immunization Policy (ALIGN MEMBER)
AHS Mandatory Vaccination for Covid-19 Policy September 14, 2021
Mandatory Vaccination Policy The Alex – Cassels revisions Sept. 15, 2021
City of Edmonton

U of A Policy

8.1 COVID-19 Vaccination Policy Draft August 20 2021

ADDITIONAL

Posted on October 19, 2021 by Skills Society
Letter from the Alberta Government encouraging COVID-19 vaccination policies for employees
On October 13th, 2021 the Minister of Community and Social Services (CSS), Jason Luan, and the Minister of Health, Jason Copping, wrote a letter to CSS stakeholders asking service providers to consider implementing COVID-19 vaccination policies for their employees…
“Alberta’s government is asking Community and Social Services service providers to consider implementing COVID-19 vaccination policies for their employees, if you have not already done so, to help keep clients, staff and all Albertans safe as we combat the fourth wave of the virus. … COVID-19 vaccines have been determined to be the best way to stop the spread of the virus. During this critical time we must do all we can to reinforce that message and to encourage as many Albertans as possible to get vaccinated.”

ECVO Recorded Webinar (from Oct 2021) Vaccine Policies for Non-Profit Organizations

ACDS: Supporting vaccinations in community disability services October 7, 2021 pdf
The Alberta Council of Disability Services (ACDS) supports vaccines for all eligible Albertans as a safe and effective way to protect against COVID-19 infection and severe outcomes. As a member organization supporting most community disability service providers for the Persons with Developmental Disabilities (PDD) program in Alberta, we have advocated on vaccine eligibility for disability workers, and have supported our member organizations to implement vaccination programs and policies throughout the pandemic…

ABNN Vaccination Policy Survey Report Sept 2021 The survey results showed that the majority of respondents are working on vaccination policies for their organizations or already have them in place, but still have many questions about how to proceed. To assist organizations as they navigate these new waters, they present the survey results and have included information on Alberta’s Restricted Exemption Program as well as links to resources.

Rapid Testing, PPE, and Interim PDD/FSCD Policies SEPTEMBER 17, 2021
Update on Rapid Testing, PPE, and Interim PDD/FSCD Policies

Nonprofit Web Advisor – On Demand Webinar Can You Make the COVID-19 Vaccine Mandatory For Your Nonprofit Employees? Leading employment attorney Melissa Fleischer will explore these fascinating legal issues. You will learn how to set vaccination policies that maintain safety throughout your organization while adhering to the law and mitigating liability.

CBC The National – Video What qualifies for a COVID-19 vaccine exemption? Sept 8, 2021
As vaccine mandates become more common, doctors are bombarded with questions about medical exemptions. But with few objective criteria most people won’t qualify for an exemption.

IntegralOrg has created a Q & A document of vaccination policies for nonprofit employees – Vaccination Policies for Nonprofit Employers As more Albertans receive their COVID-19 vaccinations and return to the office, nonprofit employers must be clear on their responsibilities and obligations and put policies in place to protect their organizations, employees, and volunteers. This document addresses from a legal perspective the most common questions asked by nonprofit employers about vaccinations, taking into account the employment and privacy implications of various vaccination policies…

SHRM  This policy sample includes purpose, scope, procedures, reasonable accommodations,

Law Now COVID-19 Vaccines the Workplace: Employees
Before implementing a vaccination policy, employers should give all workers advance notice of the policy and provide employees with an opportunity to ask questions. This notice period gives employers time to inform employees and ensure that employees understand the policy. This notice period can also serve as working notice if you do not agree with the new policy and choose to quit your job…

BLG Law Firm – Mandatory vaccine policy in the workplace: An overview for Canadian employers August 20, 2021 Considerations from the legal perspective
As the COVID-19 vaccine becomes more widely available, many employers worldwide have been exploring the idea of mandatory vaccination for employees as a condition of access to the workplace (and a variety of questions related to it). Although employers are eager to move forward with this solution, mandatory vaccine policy may carry important legal implications, depending on where employees live…

HR Insider The Great Debate: Mandatory Vaccination Policies
From a privacy perspective, mandatory vaccination policies will require the collection of personal health information with respect to workers’ vaccination status. Employers who collect this information – whether in the context of a mandatory vaccination policy or otherwise – will want to clearly outline why the collection of this information is reasonably necessary, how it will be used, to what extent it will be disclosed, how it will be stored, as well as when and how it will ultimately be destroyed…

Effective Communication for Return to Work with Dr. Thomas Barker
View Wellness Works Canada Recording Effective Communication for Return to Work with Dr. Thomas Barker

As the COVID-19 pandemic continues, risk communicators seek ways to design effective messaging for return-to-work. This presentation helps health and safety managers assess, plan, design, deliver, and monitor effective return-to-work communications. Leave with an understanding of how to manage risk communication and learn the Effective Risk Communication “Golden Rule…

Wellness Works Canada Telecommuting and Hybrid Policy Considerations The arrival of the pandemic has set a new precedent for remote work arrangements. A hybrid work model model gives employees the option to work from home, in physical office location, remotely, or some combination of the two…  READ FULL

Alberta Human Rights Commission Human rights, vaccines, and medical testing
Duty to accommodate If employers, service providers, and landlords are considering requiring vaccinations, they also need to consider that some people are not able to be vaccinated because of a disability, such as allergic reactions to vaccinations or immunosuppression. They will have a duty to accommodate those people to the point of undue hardship. They will also need to balance their accommodation obligations with other legal obligations. For example, will accommodating one employee place others at a real risk, especially those vulnerable to COVID-19 (such as seniors or individuals with certain disabilities).Some people may not want to be vaccinated because they do not believe in vaccines. However, not all beliefs are protected under the Act in Alberta. Only religious beliefs that are sincerely held and connected to a faith must be accommodated in the areas protected under the Act, such as employment, services, or tenancy. As with accommodation of disabilities, employers, service providers, and landlords may also have to consider other legal obligations to all their employees, service recipients, and tenants… Visit Site for Full Info

Karen Tereposky on employee rights in Alberta post-COVID-19 July 2021
As more COVID-19 restrictions lift across the province and workplaces prepare for a return to normalcy, employers and employees across Alberta are questioning their responsibilities. Will employees have to return to a physical office? Can employers mandate vaccines? Karen Tereposky, an employment lawyer and Associate at Samfiru Tumarkin LLP joins Global News at Noon Edmonton to answer these questions and moreView Here

EMERY JAMIESON LLP – Can an Employer Mandate Vaccination in the Workplace? April 2021
Although this topic is not novel, it is rarely encountered; an employer’s ability to impose vaccination will require a contextual analysis of the specific workplace. Any mandatory vaccination policy will need to be reasonable, provide a clear benefit and show that compulsion is required in order to ensure protection. The policy would need to be justified as a necessary measure to provide a healthy and safe workplace for workers and/or the public. It is likely that employees working with vulnerable populations could be required by their employers to be vaccinated. In this context, it is reasonable for the employer to take extra precautions to protect its vulnerable clients from the risks associated with COVID-19. For employees not working closely with individuals who are at greater risk from COVID-19, it may be more challenging for their employers to prove a justifiable need for a mandatory vaccination policy… Read Full

Parlee – Mandatory Vaccination Policies in the Workplace March 2021
With the rollout of the COVID-19 vaccines gaining momentum in Alberta and elsewhere, a new question emerges for both employers and employees: Can an employer legally require their employees to take the COVID-19 vaccine? As discussed below, the answer for most employers is a resounding “probably not.”.. Read Full

ALEXANDER HOLBURN – Get the ‘Jab’ or Lose Your Job: How to Create an Enforceable COVID-19 Vaccination Policy for Your Workplace 2021
With the Provincial vaccination delivery programs being implemented across Canada, now is the time for employers to draft and implement a mandatory COVID-19 Vaccination Policy (CVP) as a condition of continuing employment.  Here, we review the considerations necessary to ensure your CVP is reasonable, necessary, and flexible so that it is both enforceable and creates a safe work environment… Read Full

DLA Piper Protecting workers and employers: COVID-19 vaccination and the workplace
OHS laws require the employer to provide a safe workplace which  includes ‎protecting employees from  airborne pathogens. The employer is obliged to take ‎reasonable steps, and in light of the pandemic, this might include vaccination. Bear in mind, however, that there may be other alternatives to maintaining a safe workplace ‎without resort to mandatory vaccination.‎In some provinces, such as Alberta, British Columbia and Québec (see discussion ‎below), an employer can collect personal information about employees if it is ‎reasonable to do so, and the privacy of such confidential information is protected.‎An employer rule requiring vaccination must not contravene human rights legislation and standards and must take into account the employer’s duty to accommodate those employees that are unable to be vaccinated on the basisof a protected ground such as physical disability or religion. With these factors in mind we answer the most frequently asked questions regarding mandatory vaccinations in the workplace…Read Full

Canada: Q&A – Employer COVID-19 Vaccination Policies (UPDATED) June 8, 2021
Employer vaccination policies touch on individual and fundamental rights and freedoms, such as employee privacy and integrity. Medical, religious and philosophical objections to vaccination will likely surpass the employer’s health and safety obligations in the workplace. As such, employees could refuse to be vaccinated on a ground protected by the Canadian Human Rights Act, Canadian Charter of Rights and Freedoms or a similar legislation. If the refusal to be vaccinated is based on a protected ground, the employer has a duty to accommodate the employee to the point of “undue hardship.” In this case, accommodation could include social distancing, mask-wearing, mandated use of PPE, a leave of absence or remote work… Read Full

Law Now COVID-19 | Can Private Businesses Ask for Proof of COVID-19 Vaccination?
Employers and businesses have an obligation to keep the work environment safe. Therefore, they can consider mandatory vaccinations. But by doing so, they must strike a balance between the customer or employee’s human rights and privacy interests, and safety measures imposed to reduce the risks of COVID-19. Employers and businesses will have to clarify why other measures – such as hand washing, personal protective equipment (PPE), wearing masks and physical distancing – are not enough.As well, employers who require vaccinations may be liable if an employee reacts poorly to the vaccine. In addition, employees and customers who have a valid reason (for example, medical reason) not to receive the vaccine may claim discrimination and human rights violations if employers do not accommodate them….Read Full

Justice Center The Issue of Mandatory Vaccines August 13, 2021
The Justice Centre’s position is that the government should make the Covid vaccine available to Canadians who want it, starting with those who are the most vulnerable. That should be the end of their involvement in the personal health decisions of Canadians. To go further and threaten or mandate liberty restrictions on Canadians who decide not to receive such a vaccine is a violation of the rights to freedom of conscience and religion, mobility rights, and the right to liberty, and security of the person under the CharterRead Full

IN THE NEWS

Edmonton Journal Hinshaw: Alberta looking at legality of mandatory COVID-19 vaccinations in workplaces August 23, 2021 We are looking at legal implications, working with the labour ministry around what kinds of considerations would need to be taken into account, so that if there are employers who make vaccination mandatory we have a clear framework for that,” she said.“We know that other provinces have made vaccines mandatory in some settings … and it’s just really important to be looking at all of the implications of that policy before a decision is made.”… Read Full

Varcoe: Alberta employers weigh mandatory vaccination shots for workers Chris Varcoe  •  Calgary Herald  Aug 20, 2021
At KPMG, Keith said companies can institute such a policy but recommends flexibility, such as accommodating certain exemptions and ensuring the health data of workers is protected. There’s “no question it is perfectly legal” for companies to adopt mandatory vaccination rules, although the trickier matter is what happens if an employee doesn’t do so or can’t get immunized for health reasons, added Lindsay Scott, a labour lawyer and partner with law firm Paliare Roland. “Even in an instance where a person is just vaccine-hesitant, I’m hearing most employers are simply finding other ways the employee can work in a way that is maintaining a safe workplace,” Scott said….

Global News Video – The legality of mandatory COVID-19 vaccinations in the workplace
Can Alberta employers demand their workers be vaccinated against COVID-19? And what if they refuse? Lisa MacGregor looks at the legal concerns and what your rights are when it comes to mandatory vaccinations… Watch Video

CBC News – Several big companies exploring mandatory vaccination policies for Canadian staff. August 14, 2021
In Canada, Straszynski says occupational health and safety legislation requires that employers protect their workers from health and safety risks in the workplace. But he said companies adopting a vaccination policy must accommodate workers not able to get vaccinated for medical or religious reasons. “My view is that you can mandate vaccinations, you just have to be careful of the exceptions. And the exceptions are human rights.“…
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