November 23, 2021- CLBC Mandatory Vaccination PHO Order

On November 18, 2021, the Provincial Health Officer (PHO) added Community Living BC (CLBC) and its funded programs and “care locations” to its mandatory vaccination status Order (Order) that applies to health sector funded programs and “care locations.” The Order is found here.

CLBC posted a bulletin on November 19 announcing the expanded Order and the scope of its application to CLBC funded programs (note that home share providers are not covered). Please see that bulletin here, as well as this CLBC Update.

CSSEA also posted a CSSEA Info on October 22, 2021 explaining the application of the Order for employers in the community social services sector that operate health sector funded programs at “care locations” where employees must attend as part of their jobs; the Order applies to these employees. The principles outlined in that bulletin have equal application to CLBC funded programs at “care locations” under the expanded Order, although the timing for implementation is adjusted.

CLBC funded service providers must now prepare and implement plans and cannot permit staff to work unless they comply with the following:

• December 3, 2021: Current staff members must report their vaccination status to their employer, in order to work after December 3.
• December 10, 2021: Previously unvaccinated staff members must have received and prove that they have had their first dose or have applied for or secured an exemption in order to work after December 9.
• January 14, 2022: Unvaccinated staff members must have received and prove that they have had their second dose or have applied for or secured an exemption before this date in order to work after January 13, 2022.

For more detailed information on specific timelines and how to address partially vaccinated employees, please see the Order starting at page 18 (Division IV employers and employees). Employees who do not meet the above requirements and timelines must not be permitted to work as of the above dates.

As mentioned in the October 22 CSSEA Info, while the expanded Order now covers a significant number of programs operating in this sector (health and CLBC funded “care locations”), 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 and CLBC sources if there is a level of integration between employees such that it is not operationally feasible from a health and safety perspective to restrict the application of the Order to the health and CLBC funded “care locations” only. CSSEA believes that the extension of the Order to other employees is supported by, among other things, the Order itself where it states that:

I have reason to believe and do believe that

(a) a lack of information on the part of employers and operators about the vaccination status of staff
interferes with the suppression of SARS-CoV-2 in hospital and community settings, and constitutes a health hazard under the Public Health Act;

(b) an unvaccinated person who provides care or services in a hospital or community setting puts
patients, residents, clients, staff and other persons who provide care or services at risk of infection with SARS-CoV-2, and constitutes a health hazard under the Public Health Act;

(c) an unvaccinated staff member of an organization which provides care or services in a hospital or
community setting puts other staff who provide care or services, and patients, residents and clients in hospital and community settings, at risk of infection with SARS-CoV-2, and constitutes a health hazard under the Public Health Act; …

CSSEA issued a CSSEA Info on November 15, 2021 recommending that employers plan for further PHO Orders such as the one just issued, in the event of a reduced workforce. We understand that CLBC will be coordinating communications on addressing potential service impacts flowing from the expanded Order in the event that some employees remain unvaccinated and are placed on leaves as of the above deadlines.

The Order does not specifically identify the status (and its duration) of unvaccinated employees as of the above deadlines. Normally, these employees would be placed on unpaid leaves of absence for a period of time. As mentioned in our November 15 CSSEA Info, termination may be an appropriate response where an unvaccinated employee cannot be redeployed to work at locations (if any) not covered by the PHO Order. In the community social services sector, employers who receive health and/or CLBC funding may also have contracts for services not directly covered by the Order, and so there may be redeployment opportunities that present themselves, or there may be other staffing solutions available, as discussed in the November 15 CSSEA Info. Thus, while employees must not work in the health and CLBC funded programs at “care locations” (at the very least), it has not yet been determined whether this equates to a requirement that employees be terminated from all employment at community social services employers at the end of an unpaid LOA period. Please continue to secure advice from your CSSEA Consultant/Advocate to discuss these situations in your specific circumstances. CSSEA will continue to advise employers on developments in other public sectors as they emerge.

Should you have any additional questions, please contact your CSSEA Consultant/Advocate.