October 22, 2021 - PHO Order on Mandatory Vaccination Status

On October 21, 2021, the Provincial Health Officer (PHO) issued the Hospital and Community (Health Care and Other Services) COVID-19 Vaccination Status Information and Preventive Measures Order (the Order), amending the October 14, 2021 Order.

The Order includes proof of vaccination status requirements and directs employees in both health care and at providers that contract for services with the health authorities to be vaccinated in order to continue active employment. According to information just received from the Provincial Health Office, this includes employees working in specific programs delivered by community social services employers where the programs are funded by the health authorities. A number of health authorities have directed some community social services employers to implement this Order in writing over the past several days. Please follow those directions.

Scope of the Order

The scope of the Order lists a number of health sector employers and their contractors and covers their employees wherever they are deployed, listing a number of “care locations.” CSSEA continues to make inquiries of the PHO Office, government, ministries, and legal counsel to get clarity on the scope of the Order. As a result, this CSSEA Info intends only to address at this time employees who work under service contracts with the health authorities as communications with the PHO Office indicate that this is the intended current scope for community social services employers. The Order may be extended by employers in their reasonable discretion to cover other employees of an employer funded by non-Ministry of Health/health authority sources if there is integration between health and non health-funded employees such that it is not operationally feasible from a health and safety perspective to restrict the application of the Order to the health funded programs only. We are advised by the PHO Office that the Order is not currently intended to cover other community social services employers, for example, Community Living employers that do not have service contracts with Health, although expansion is being considered.

Employers covered by previous PHO orders regarding mandatory vaccination in seniors assisted living facilities are not covered by this new Order and should continue to follow previous directions as provided by this CSSEA Info.

Timelines for Implementing the Order

Effective October 26, 2021, all existing staff (hired before October 26, 2021) within the scope of the Order must either be:

1. fully vaccinated (seven days past Dose 2);
2. in receipt of Dose 1 of an approved COVID-19 vaccine by no later than October 25, 2021; OR
3. have an exemption (see below).

Employees who have received Dose 1 by October 25, 2021 are permitted to continue working provided they receive Dose 2 between 28-35 days after receipt of Dose 1, and follow preventive measures (i.e., wearing a medical mask) until fully vaccinated (seven days past Dose 2).

The above means that effective October 26, 2021, existing staff who have not received any doses of vaccine are not permitted to work. These staff should be placed on an unpaid leave of absence until November 14, 2021, and be advised that they are subject to termination of their employment if they do not receive Dose 1 by that date.

Staff who are placed on an unpaid leave of absence will have an opportunity to return to work seven days after receipt of Dose 1, provided they receive Dose 1 by no later than November 14, 2021. The process to be followed for these staff is as follows:

• On October 26, 2021, the employee is placed on unpaid leave of absence until November 14, 2021, and advised that they must receive Dose 1 of vaccine by no later than that date to avoid termination of employment. The employee is not eligible to access vacation or other paid leaves during this period.
• During this unpaid leave, the employer should meet with the employee (virtually or by telephone) and determine whether the employee intends to become vaccinated. During this meeting, the employer should once again encourage the employee to become vaccinated and provide resources on the safety and efficacy of vaccines (see: http://www.bccdc.ca/health-info/diseases-conditions/covid-19). Unionized employees should be advised of their right to union representation in accordance with the collective agreement.

o If the employee indicates that they will get vaccinated, they must provide proof of receipt of their first dose in order to be eligible to return to work and avoid termination of employment at the end of the unpaid leave period. Employees who provide such proof will be permitted to return to work, with preventive measures, seven days after they receive Dose 1. They must also receive Dose 2 between 28-35 days after Dose 1.

o If an employee indicates that they will not be vaccinated, they should be advised that their employment will be subject to termination at the conclusion of the unpaid leave of absence.

o If an employee remains unvaccinated on November 15, 2021, a terminated employee would be issued with a letter of termination at a meeting held virtually or by telephone, following the existing requirements of the collective agreements regarding notice of a disciplinary meeting. If an employee refuses to meet with the employer, they may be issued the termination letter by registered mail.

Staff Hired On or After October 26, 2021
From October 26, 2021 onward, unless staff have provided the employer proof of an approved or pending exemption request (see below) made in accordance with the PHO Order, they may only work if they are fully vaccinated (seven days past Dose 2 of vaccine).

Employees on Approved Leaves of Absence
Employees who are currently off on approved extended leave of absence (including extended medical leave) should be advised that they are required to be in full compliance with the Order by the time of their return from leave date, and must be warned that unless they provide a PHO medical exemption, failure to comply with the Order could result in termination of employment.

Medical Exemption Requests

The only exceptions from the vaccination requirements set out in the Order are for staff who have an approved or pending medical exemption request.

A request for exemption under the Order must be made to the PHO and may only be made on medical grounds. A request for exemption must include a signed and dated statement from a medical practitioner, based upon a current assessment, that the health of the person would be seriously jeopardized if the person were to comply with the Order, and a signed and dated copy of each portion of the person’s health record relevant to this statement. A request may be submitted to the Provincial Health Officer at This email address is being protected from spambots. You need JavaScript enabled to view it. with the subject line “Request for Reconsideration about Preventive Measures in Hospital or Community Locations.”

Staff with an approved medical exemption must provide proof of exemption in order to verify that they are permitted to work despite being unvaccinated. Staff must also comply with any conditions attached to their approved exemption request, as specified by the PHO or Medical Health Officer granting the exemption.

Employers do not have authority to grant any exemptions under the Order.

Pending Medical Exemption Requests

The requirements above are subject to an exception for staff who have made a medical exemption request in accordance with the requirements under the Order, and who have not yet received a response to their request. Such staff members may work, if they comply with preventive measures until their request is responded to by the PHO or a Medical Health Officer.

Staff must present proof to the employer that they have a pending exemption request made in accordance with the requirements of the Order, to verify that they qualify for this exception. Proof of exemption request is defined in the Order as a response from the Office of the Provincial Health Officer or Medical Health Officer stating that the staff member’s request complies with the requirements of the Order.

Preventive Measures

Staff who are not yet fully vaccinated (seven days past receipt of Dose 2), including those with proof of a pending medical exemption request, are subject to the preventive measures in the Order, which require that the individual wears a medical mask that covers their nose and mouth when at work, except when consuming food or a beverage. Unlike the Residential Care Staff COVID-19 Preventive Measures Order, there is no requirement under the Order for rapid testing of partially vaccinated staff as part of the preventive measures requirements.

If an unvaccinated employee refuses to wear a mask as required, the employee must not work and could be subject to discipline up to and including termination.

Collection of Vaccination Status Information

For purposes of the Order, “vaccine card” includes the BC Vaccine Card, QR code vaccine passport, or other written proof issued by the Province of British Columbia, or by the federal government or another province of Canada in accordance with public health orders or for international travel purposes.

Staff Vaccination Status
The requirements below apply to “staff members.” Note that the definition of “staff member” is broad. Employers must request that each staff member provides their vaccine card (or proof of an approved PHO exemption if applicable), and employers must keep a record of the information.

All Employers: Disclosure to PHO and Medical Health Officers
All employers must disclose information about the vaccination status of their staff on both an aggregate and individual level to the PHO or to a Medical Health Officer on request.

Appendices

Appendix A - Template Vaccination Status Reporting and Preventive Measures Policy

If you have any questions, please contact your HRLR Consultant/Advocate.