Ontario remains in phase 3 of the COVID-19 pandemic reopening plan. As of early September, government support for employers and employees has been extended, and positive COVID cases are rising again in Ontario and Toronto. Due to recent spikes, public health is further restricting the number allowed to gather indoors (and outdoors). While there is not another shutdown (yet), technically, small numbers of staff are currently allowed to be in their workplaces under public health guidelines.
This change of scene is welcome to some staff who prefer to work at the office than remotely for various reasons, and for some leaders who prefer to have their staff working face to face – or at least in close physical proximity – due to beliefs about morale, collaboration, innovation etc. Some are paying for nice office space and they want to see people in it! Some are simply fed up with the pandemic, or afraid of loss of business or productivity, and just want things to get back to normal.
Employers can insist on staff returning to the workplace, but many employment lawyers would not recommend this during an active pandemic, especially if their work is not considered essential or without other compelling reasons, such as necessary in-person interaction with the public or clients to operate, access to large equipment etc. Many of my clients have kept their offices closed during COVID-19 so far, and have all staff working remotely in light of the health and safety risk.
Employers are responsible for providing a safe workplace. Employees also have a responsibility to their colleagues, as well as their families and communities. The Employment Standards Act allows for work refusals by staff if they can establish that their working conditions are unsafe. In practice, that has been a high standard to uphold. However, in the interests of general safety and virus containment, the ON government has stated that: “Remote work arrangements should continue where feasible.”
Over the last few months, we’ve learned that more people than we imagined can work remotely. It will remain to be seen what “sticks” as the new normal going forward. New ways of working have already been adopted and continue to be adapted. There are huge benefits to learning to work more independently, adapt to flexible work arrangements, collaborate differently and perhaps more broadly, and leverage technology more creatively. We have also seen significant changes around health and safety in the workplace in order to minimize viral spread. None of this is a bad thing.
It has also been established in a Harvard study that knowledge workers are more productive working from home. Many of my clients and colleagues are doing this, and happy to continue, for a while at least, maybe not indefinitely.
As time goes on, some employees and leaders are getting restless and want to get back to the office. The novelty of Zoom calls in sweatpants has worn off. They want to see people in person again (I get it!). It’s particularly frustrating after several months of restrictions. But with the prospect of a second wave looming, we can’t drop our guards, despite how tiring this is. This unwanted guest is a huge challenge, and potentially lethal.
If Ontario stays in stage 3 for several more months, there are considerations of morale and other aspects of productivity and profitability that may also be challenged from having all staff working remotely long term. The consequences from the loss of shared physical space and interpersonal experience is hard to quantify. These may include impromptu idea sharing, sense of collegiality and bonding with co-workers derived from sharing physical space, and the mental and practical aspects of separation of work and home environments.
The decision whether, when and how to bring staff back to the workplace during an active, ongoing pandemic involves risk for leaders and anxiety and uncertainty for all involved.
To add some objectivity to the decision, based on a recent exercise with one of my clients, below are some examples of factors for consideration. Leaders need to find the right balance between the health and safety risks of returning to the office during an active pandemic, and attempting to resume some pre-pandemic sense of normal functioning. This will be unique to the needs and challenges of their organization, and also while determining what the “new normal” may be in the longer term.
Sample Criteria for Re-Entering Office Decision:
Internal (organization-specific):
- Added costs of cleaning services, supplies, PPE, installation of barriers (if needed), ventilation access (e.g., ability to open windows in winter and regulate temps), HVAC effectiveness and upgrades etc.
- Added time/cost to develop new office safety policies and protocols relating to minimizing viral spread; training by and from Health & Safety Committee
- Added time and complexity of managing rotating schedules, supervision and office safety protocols, opening and closing procedures
- Reliability of staff to comply, self-regulate and self-disclose illness or symptoms
- Degree of interaction with the public or clients
- New cases of COVID-19 or exposure of staff or in the building
- Temporary vs permanent cost/investment in technology, security or infrastructure
- Barriers to program, product or service delivery due to lack of access to equipment etc.
- Staff concerns, morale, or decline in productivity due to remote work
- Possible change in liability insurance risk or premium increase
External factors:
- Public health notifications:
- Number of new cases in ON over several days or weeks. Below 200 new cases per day for an extended period was the threshold for entering the next phase of re-opening. There is no published number for removing all restrictions.
- Number of new cases in Toronto may be more relevant, indicating activity in the community. This would be an arbitrary number and formula, such as fewer than 30 or 50 new cases per day over a 2-week period in a declining trend.
- Legislative updates – e.g. the ON government recently amended the ESA to extend the Infectious Disease Emergency Leave to Jan 2, 2021 (from September 4, 2020). The CERB, CEWS and CECRA have also been extended by the federal government. These extensions reflect expert projections of pandemic status and resulting continued business and economic disruption.
- US border/international travel restriction extensions (if applicable).
- Access to immediate COVID-19 testing (self-screening and temperature checks are helpful but not fully reliable)
- Access to an approved vaccine. Note: This does not imply everyone will take it, or that it can be required by employers.
Whenever the decision to re-open is made, staff should be given ample notice so they can plan accordingly, particularly if child or elder care is involved. I would recommend a minimum of 2 to 4 weeks, and frequent pulse checks meantime.
It is important also to manage expectations that the decision to re-open the office may be temporary if there is a local outbreak, which may also be disruptive. And the decision may not be one size fits all for staff. There may be valid reasons for certain staff to continue working remotely or have flexible work arrangements for a period of time or ongoing. These situations must be handled case by case, and advice from an experienced HR consultant or employment lawyer is strongly recommended.
Resources:
Risk mitigation tool for workplaces/businesses operating during the COVID-19 pandemic: https://www.canada.ca/en/public-health/services/diseases/2019-novel-coronavirus-infection/guidance-documents/risk-informed-decision-making-workplaces-businesses-covid-19-pandemic.html
Determining When to Ease Public Health Measures in ON: https://files.ontario.ca/mof-framework-for-reopening-our-province-en-2020-04-27.pdf
City of Toronto Guidance for Workplaces: https://www.toronto.ca/wp-content/uploads/2020/03/9538-Fact-Sheet-for-Workplaces-Non-Healthcare_final.pdf
Harvard: Who Guarantees Your Workplace is Safe for Return? https://hbswk.hbs.edu/item/who-guarantees-your-workplace-is-safe-for-return?j=1220613&l=7154_HTML&sfmc_sub=516245433&u=47896247&jb=98&mid=6336743&ucid=0030H000057s8KpQAI&em=20200907-Leadership-Insights-REMV-9/10/2020-1220613