Unsafe working conditions and poor air quality: CTV News Employment Lawyer

Interview Summary

As forest fires continue to rage across the country, Environment Canada has advised Canadians against strenuous outdoor activities due to deteriorating air quality. What can employees in outdoor work environments do to protect their health and safety? Are employers obligated to offer accommodations as a result of potentially dangerous working conditions?

Alex Lucifero, an Ontario employment lawyer and Managing Partner at Samfiru Tumarkin LLP joins CTV News Ottawa to answer these questions and more on employee rights.

Interview Notes

• Refusing unsafe work: Employees are within their rights to refuse work if their working conditions and environment are deemed unsafe. Employees with underlying health conditions working outdoors, particularly respiratory issues, should expect to be following health and safety procedures as the air quality warnings continue.
• Accommodations required in the workplace: For any employee, health and safety is essential. Employees with underlying health conditions must be given additional accommodations, such as time off. Employers must take active steps to protect their employees, such as suggesting indoor work or providing masks.
• Missing work due to natural disasters: Under the Employment Standards Act, employees are able to miss work due to natural disasters under specific regulations. Local authorities must declare an emergency in order for employees to take time off work. If this does occur, employees cannot be penalized by their employers and they cannot be terminated. Employees do not have protections if an emergency has not been declared formally.