Can an employee be penalized for wearing the wrong PPE at work?

Your employer can implement discipline any time they believe you are in violation of a policy they have asked you to comply with. If you wear the wrong PPE in accordance with your employer’s policy, there is always the risk you could be subject to discipline.

If you are laid off or terminated from your employment as a result of failing to comply with an employer’s policy, you should always consult an employment lawyer at Samfiru Tumarkin LLP. We can examine your situation, including your employer’s policy, and determine what your rights are.

UPDATE on March 11, 2022: Ontario is ending its mask mandate for businesses on March 21, 2022, with exceptions. British Columbia dropped mask mandates on March 11, 2022, with some exceptions remaining until March 28, 2022. Alberta ended mandatory mask rules on March 1, 2022

Canada Post Requires Employees to Wear Company-Issued Masks

It was reported recently that Canada Post has a policy requiring employees to use company-issued cloth masks while working and prohibiting employees from using their own personal N95 masks.

The union for Canada Post employees has asked management to amend the policy to either provide employees with company-issued N95 masks if they wish to wear one or allow employees to use their own N95 masks.

Masking policy is out of touch

To the extent that N95 masks are more effective at preventing the spread of COVID-19 and particularly the Omicron variant that is spreading throughout Canada, Canada Post’s current policy seems out of touch. As many employers across the country are temporarily laying off or terminating unvaccinated employees in the name of health and safety, Canada Post’s mask policy seems to cut the other way.

WATCH: Lior Samfiru, a Toronto employment lawyer and co-founding partner at Samfiru Tumarkin LLP joins Global News on Work What’s Next to discuss this ongoing health and safety dilemma.

From a legal standpoint, employers have the right to establish reasonable policies in the workplace and require that employees comply with such policies, particularly when it comes to health and safety. There is also no government mandate requiring that N95 masks be used in favour of cloth masks.

No conflict with government legislation

In other words, Canada Post’s mask policy does not conflict with any legislation currently in force and, as a result, Canada Post likely has the right to require its employees to comply with its mask policy. An employee’s refusal to comply with such a policy could result in discipline and the employee being sent home without pay.

If the purpose of Canada Post’s mask policy is to promote the health and safety of Canada Post employees and the general public, then a Canada Post employee who insists on wearing an N95 mask is actually doing more to prevent the spread of COVID-19.

Only time will tell but given the news reporting on this issue as well as the union’s request to management that it permits employees to use N95 masks, it seems likely Canada Post will modify their policy. Canada Post would do well to allow its employees to wear N95 masks to the extent that an employee wants to –  there seems to be no pressing reason to require cloth masks across the board.