In A Flash: Ontario Arbitrator Upholds COVID-19 Rapid Testing on Construction Sites

June 11, 2021

From our partners at Mathews, Dinsdale & Clark LLP:

Ontario Arbitrator Upholds COVID-19 Rapid Testing on Construction Sites as Reasonable

Since the COVID-19 pandemic began over a year ago, Canadian employers have used a variety of health and safety practices to prevent workplace transmission of the illness. However, most of these measures suffer from a common shortcoming, in that they cannot detect asymptomatic cases. As testing technology has improved, some employers have implemented rapid testing as a way of addressing this gap, although there was no case law on this novel form of testing.

On June 10, 2021 an Ontario arbitrator released a decision dismissing a union policy grievance concerning rapid testing. The grievance challenged the rapid testing policy as an unreasonable exercise of management rights and an intrusion on employee privacy.

Our partners at Mathews, Dinsdale & Clark LLP have summarized the arbitrator’s decision and its implications for employers in the enclosed article. Click here to read their take.

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