April 28, 2020

We, here at the OGCA, continue the fight for your rights to get answers and work towards ensuring that our industry can open soon and in a safe manner. We are constantly answering your questions and researching for the best advice and information we can to assist you. We have put out numerous articles in regards to delay claims, force majeure, health and safety practices and much more.

One of the more recent questions I received, and I expect other contractors are facing, is the demand/request of owners to provide the names of anyone who has tested positive for the COVID-19 virus. This, of course, raises significant questions in regards to privacy and the laws surrounding what you can or cannot do in such a situation. To answer that question, we went to one of our strong APP members Fasken and Norm Keith, who represents us here at the OGCA. As many of you know, Norm is one of the foremost experts on health and safety issues and a great supporter of our organization. Below you will find his response to my question in regards to this issue of what you can or cannot do in releasing the names of anyone who works for you, or other subtrade, who may have contracted the COVID-19 virus.

Positive Test in the Workplace. The employer should actively monitor if COVID-19 is circulating in their workplace. Advise employees in advance that if they have any symptoms or feel unwell, they should not attend. Ensure that workers understand that any positive result for COVID-19 will be shared with the public health authorities.  If a worker becomes ill with symptoms at the workplace, there should be a room designated in order for the employee to be safely isolated.  The plan should include steps how the individual is transferred to a health facility. The employer should retain the names and contact details of all employees for at least one month who have tested positive, and be prepared to share this information with public health authorities so that they may trace people who may have been exposed to COVID-19 if one or more workers becomes ill shortly after the reported case. Do not share the name of the worker with anyone who does not absolutely need to know, including co-workers and contracting partners. Do share the information of a positive COVID-19 worker, where they were, and who may have been exposed, with all those who likely were exposed to the COVID-19. Protecting the anonymity and privacy of the COVID-19 positive worker is fair, reasonable and may be required by law.

If you have further questions please feel free to reach out to Norm Keith. He and his firm are available to answer your questions on any health and safety issue surrounding the virus.