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Archived - Labour Focus Newsletter
Volume 1, H1N1 Special Issue

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H1N1 Flu Virus
What You Need to Know in the Workplace

Employers under the Canada Labour Code are responsible for ensuring the health and safety of employees in their workplaces and for protecting them from workplace hazards. This includes providing employees with the information, instruction, training and supervision necessary to ensure their health and safety at work. Part XIX of the Canada Occupational Health and Safety Regulations requires that employers develop, implement, and monitor a program for preventing hazards in the workplace in consultation with the health and safety policy committee (or if there is no policy committee, the workplace committee or the health and safety representative). This responsibility includes responding to new or evolving situations that may pose a potential hazard to workers.

While the risks are low for most workplaces, employers should have a policy in place that addresses the possibility of the H1N1 flu virus being a hazard to workers. The policy should specify in what circumstances it applies and should also address issues related to sickness/disability coverage, remuneration, etc.

Employees are responsible for following their management's directions regarding reporting to work and workplace health procedures in the context of the H1N1 flu virus. Employees are also responsible for informing themselves by consulting information provided by health authorities and their employer.

Section 126 of the Canada Labour Code outlines reasonable expectations for all employees regardless of their position in the organization. Employees’ duties include:

  • using safety equipment provided to them;
  • complying with all instructions from the employer concerning the health and safety of employees; and
  • cooperating with any person carrying out a duty set out in the Code.

Employees must also report to the employer any thing or circumstance in a workplace that is likely to be hazardous to the health or safety of staff or other people granted access to the workplace by the employer. The Public Health Agency of Canada recommends that anyone who is sick should stay home and should consult a health professional if they are experiencing severe flu-like symptoms.

Employees should discuss any concerns they may have about their health and safety with their manager. If after doing so, an employee still feels that his or her health or safety is at risk, he or she can exercise the right to refuse to work under subsection 128(1) of the Code.

To be protected by the Code when exercising their right to refuse to work, employees must follow the proper procedure by immediately notifying their employer (immediate supervisor or manager) of the refusal to work and explaining the circumstances of the refusal.

The fightflu.ca portal provides up-to-date information on the H1N1 flu virus for all Canadians, including tips on what people can do to protect themselves. The Public Health Agency of Canada Website provides health and travel advisories and other information intended for Canadians and health professionals.

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Date Modified:
2012-02-28