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Government of Manitoba Human Resources Planning, Response and Recovery for Disaster and Pandemic A Guide for Managers and Employees in the Government of Manitoba October 8, 2009

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Page 1: MGEU - Government of Manitoba Human Resources Planning, … 2009/FSH_BCP_Guide... · 2009-11-06 · Manitoba business continuity co-ordinators, human resources directors and senior

Government of Manitoba

Human Resources Planning, Response and Recovery for Disaster and Pandemic

A Guide for Managers and Employees

in the Government of Manitoba

October 8, 2009

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We do not know when a public emergency might strike, but we must always be prepared to handle any service delivery outage that results. This guide was written with input from the Government of Manitoba business continuity co-ordinators, human resources directors and senior managers.

We hope this guide inspires you to think of ways to meet the related challenges. Please share your ideas with your human resources director. We will consider using your ideas in our next edition.

Acknowledgment to the Ontario Government:

This guide is similar, in format and content, to the Pandemic Planning Guide for the Ontario Public Service, with the permission of:

The Government of Ontario Ministry of Government Services Security Services and Contingency Planning Branch (formerly the Emergency Management and Security Branch)

In preparing this guide, we have taken care to acknowledge other sources which have been used. Please notify us at www.gov.mb.ca/csc if you find any places where this may not have been done.

Copyright:

©2009, The Government of Manitoba, represented by the Minister responsible for the Civil Service.

Disclaimer:

This guide has been specifically prepared for the Manitoba civil service for use by Government of Manitoba staff. It is not intended to be used in other contexts or for other purposes. If you are not part of the Manitoba civil service and wish to use this guide, you should do so with extreme caution as this guide may not be appropriate for your purposes, and you should get proper advice. In addition, you should note the following:

1. This guide has been provided solely for general information purposes. It does not contain advice, such as health care or medical advice, employment or labour relations advice or legal advice.

2. The Manitoba Civil Service Commission may change or update this guide at any time. 3. Although reasonable efforts have been made to ensure the accuracy of this guide, the

Government of Manitoba and the Manitoba Civil Service Commission make no representations about, and assume no liability or responsibility for, its completeness, accuracy or usefulness.

4. Links to other sites (including e-mail sites) are provided solely for convenience. By providing these links the Government of Manitoba and the Manitoba Civil Service Commission do not endorse these other sites or the persons or entities operating them, and do not assume any liability or responsibility for, or make any representations about them.

5. In no event shall the Government of Manitoba, the Manitoba Civil Service Commission, or any of its officers, employees, contractors or agents, be responsible or liable to any person, organization or entity for any of the following, even if they are foreseeable or if the Government of Manitoba or the Manitoba Civil Service Commission are informed of the possibility that they might occur: (a) any errors, oversights, omissions or inaccuracies in this guide, or (b) any harm, injury to a person, infringement of rights or damage or loss of any kind

(including economic loss), however it is caused and whether it results from negligence or otherwise, which arises from or in connection with: (i) the use of or reliance on this guide, or (ii) the use of any sites linked to this guide.

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Human Resources Planning, Response and Recovery for Disaster and Pandemic i

A Guide for Managers and Employees in the Government of Manitoba October 8, 2009

Table of Contents

Introduction .........................................................................................................................................1

A Brief Guide to Business Continuity Planning in the Manitoba Government.............................................................................................................1

Synopsis .......................................................................................................................................1 Definition of business continuity planning ................................................................................1

The importance of business continuity planning ..........................................................................2 Chapter 1 ..............................................................................................................................................3

Open For Business, but Not as Usual ..............................................................................................3 Essential services.........................................................................................................................3 Employees expected at work........................................................................................................3 When employees may be directed to an alternate workplace......................................................4 Corporate and departmental priorities..........................................................................................5 Regional considerations ...............................................................................................................5 Humanitarian considerations ........................................................................................................5

Things to Consider ...................................................................................................................6 Questions and Answers ...........................................................................................................7

Chapter 2 ..............................................................................................................................................9 Communications Through the Crisis.................................................................................................9

Corporate communications plan...................................................................................................9 Communications before, during and after ....................................................................................9 Monitoring attendance ..................................................................................................................9

Things to Consider ...................................................................................................................9 Questions and Answers .........................................................................................................10

Chapter 3 ............................................................................................................................................11 Workplace Reassignments .............................................................................................................11

Statement of government’s position on workplace reassignments ............................................11 Progression: Within department, between departments and/or regions ....................................11 Process for selection ..................................................................................................................11 Compensation.............................................................................................................................11 Augmenting the workforce..........................................................................................................12 Grievance management .............................................................................................................12

Things to Consider .................................................................................................................13 Questions and Answers .........................................................................................................14

Chapter 4 ............................................................................................................................................17 Alternative Workplace Arrangements .............................................................................................17

Statement of government’s position on alternate workplace arrangements ..............................17 Eligible expenses........................................................................................................................17 Now is the time ...........................................................................................................................17 Flexibility .....................................................................................................................................18

Things to Consider .................................................................................................................18 Questions and Answers .........................................................................................................19

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Human Resources Planning, Response and Recovery for Disaster and Pandemic ii

A Guide for Managers and Employees in the Government of Manitoba October 8, 2009

Chapter 5............................................................................................................................................ 23 Right to Refuse ............................................................................................................................... 23

Statement of government’s position on right to refuse............................................................... 23 Health and safety first................................................................................................................. 23 Communication........................................................................................................................... 23 Obligations of employees and supervisors/managers ............................................................... 23

Chapter 6............................................................................................................................................ 25 Employee Assistance Program....................................................................................................... 25

Appendix 1 ......................................................................................................................................... 27 Pandemic Specific Information ....................................................................................................... 27

General information.................................................................................................................... 27 Pandemic stay healthy strategy ................................................................................................. 27

Questions and Answers ......................................................................................................... 29 Appendix 2 ......................................................................................................................................... 35

Additional Information & Useful Websites ...................................................................................... 35

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Human Resources Planning, Response and Recovery for Disaster and Pandemic 1

Introduction A BRIEF GUIDE TO BUSINESS CONTINUITY PLANNING IN THE MANITOBA GOVERNMENT

Synopsis

This introduction is designed to highlight the business continuity planning process in the Manitoba government. The guide reflects a broad all hazards approach to business continuity planning (BCP) for any critical incident or disaster that may disrupt our ability to deliver services to Manitobans. It is supplemented with Appendix A for specific strategies to deal with the impact of a pandemic influenza crisis.

If you are unfamiliar with the BCP process, this introduction will provide you with enough information to understand the concepts, principles and terms that are used in this area. This guide also assumes that your department has a completed BCP. After reading this guide, you will understand why your department BCP needs regular review, additions and enhancements as we deal with various critical incidents, such as a pandemic influenza crisis, so we can respond more effectively to future events.

The foundation of BCP is determining the essential, time-critical services around which the plan is built. The BCP process recognizes that all government services are important but not necessarily time-critical. However, the BCP process must examine all services to determine which services cannot be disrupted and/or must be delivered to the public in a timely manner.

Definition of business continuity planning: The process of developing in advance arrangements and procedures that enable an organization to respond to an event in a way that time-critical business services continue without interruption or essential change.

A b outlines:

• Who is responsible for recovery actions

• What is needed to recover, resume, continue or restore all functions

• Where to go to resume functions or operations

• When functions and operations must be restored

• How functions and operations will be provided during an emergency and restored after an emergency (detailed procedures for the provision, recovery, resumption, and restoration of services)

A BCP enhances the image of an organization in the eyes of employees, stakeholders and customers. It demonstrates that the organization is prepared, with a sound strategy to meet the challenges of an emergency. Creating a BCP also helps improve the overall efficiency of the organization. The process involves closely examining the relationship of people, assets and financial resources to time-critical services.

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Human Resources Planning, Response and Recovery for Disaster and Pandemic 2

The importance of business continuity planning

Every organization is subject to operational interruptions, to a greater or lesser degree. Regardless of what causes the interruption, a BCP:

• Identifies the arrangements you need to put in place to ensure vital functions are operating within an acceptable timeframe

• Ensures that people and resources such as information technology, equipment, financial tools and accommodations are available when and where needed

Potential disasters include:

• natural disaster (fires, floods, blizzards, ice storms, tornados, etc.)

• environmental disaster (pollution, hazardous materials spills)

• electric power disruption or failure

• communications/IT network failure

• infectious disease (pandemic influenza)

• sabotage

• terrorist attack

Creating and maintaining a BCP helps ensure that the organization has the resources, people, skills and knowledge needed to deal, successfully, with these and other emergencies.

Because a BCP provides for the protection of people and assets through controls, and facilitates the resumption of services that are interrupted as a result of a serious business disruption, the BCP is critical to maintaining the public’s confidence in government. Incidents such as the Manitoba Flood of the Century in spring 1997, the Ontario power outage in August 2003 or the SARS outbreak in March 2003 demonstrate how such emergencies can affect the safety, health and prosperity of everyone. People expect the government to be prepared to handle serious situations such as these. This means being able, and being seen to be able, to respond in a timely and effective manner to meet the needs of the public during times of crisis. If this expectation is not met, the legitimacy and competence of the government may be challenged.

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Human Resources Planning, Response and Recovery for Disaster and Pandemic 3

Chapter 1 OPEN FOR BUSINESS, BUT NOT AS USUAL

Essential services

Today, the people of Manitoba look to their government for more than the provision of essential goods. They look to it for critical services. This will be especially true during a disaster or critical disruption of service when the private sector may not be able to help. Government will be expected to deliver information, advice, assistance – financial as well as physical – security, and above all leadership. A major disaster can strain the resources of the government.

Nevertheless, every effort will be made to maintain critical government services as well as maintaining the quality level of these services. Ensuring the public is able to access these services and is able to communicate directly and in-person with government representatives is fundamental. Not only must the government take care of business, it must also be seen by the public to be taking care of business. For this reason, keeping the doors open to the buildings that house these services will be key to maintaining public confidence in government.

The government must also be seen as a responsible employer. Maintaining the health and safety of its employees, clients and all who either work or visit public buildings is of primary importance. While the public will see that their government is open for business, it will not necessarily be business as usual.

Employees expected at work

No one can state with certainty what impact a critical incident or disaster will have on the ability of the Manitoba Government to deliver services. However, when one strikes, it will undoubtedly create absenteeism that will strain the workplace and by extension the supply of all goods and services we deliver to the public. By working together and staying at work we can minimize the social, economic and psychological effects. It is expected that all employees who are able to do so should report to their normal work location unless specifically instructed to do otherwise by their reporting manager.

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A Guide for Managers and Employees in the Government of Manitoba October 8, 2009

When employees may be directed to an alternate workplace

An employee may be directed to report to an alternate workplace due to safety or health issues in the employee’s regular workplace. The following options are available to the employing authority1:

• The employing authority may reassign the employee to work in a location that does not have the safety/health hazard. Assignment to a work location that involves travel must be done reasonably (business rationale), fairly, in good faith and in a manner consistent with any applicable collective agreement or civil service regulations. (Chapter 4 outlines more detailed information on Alternative Workplace Arrangements.)

• Where practical and with the employee’s agreement, the employing authority may temporarily assign the employee to work from the employee’s home.

• If there is no option to re-assign and the work that the employee normally does cannot be done at home, the employing authority should continue to look for alternate work locations. In the short-term, the employee’s salary remains unchanged as the employee has not been laid off or otherwise removed from employment. The employee is informed they must remain available for immediate recall to work during the normal working hours.

• Where unscheduled banked time is available to be taken the employing authority shall consult with an employee in an effort to reach agreement on when the time off is to be taken. Where agreement is not reached, the employing authority shall determine when the time off is to be taken. The employee will receive two weeks notice before the banked time can be scheduled by the employing authority.

• The employing authority may suggest an employee consider using unscheduled vacation leave but an employee is not required to do so except that all vacation leave shall be taken by the end of the fiscal year unless restricted by the employing authority. An employee whose vacation leave has been restricted may, in lieu of receiving such vacation payment (subject to employing authority approval), elect to carry over such vacation to the following year.

• The employee may be subject to temporary lay-off in accordance with the applicable collective agreement or the civil service regulations.

• If an employee who has been at home but not working is required to return to the workplace, the employee is not given any additional compensation for working his/her normal working hours. The employee is paid their regular salary and only paid additional compensation when called in to return to work after their normal working hours.

1 "employing authority" means (a) in respect of a department

(i) the minister presiding over a department, or (ii) the deputy minister, or (iii) any person designated by the minister to act as employing authority in respect of the department on behalf of the minister;

(b) in respect of persons employed under the Auditor General, the Auditor General; and (c) in respect of an agency of the government, the person, officer, board, commission, corporation, association, agency, or other body, who or which, under any Act respecting that agency of the government, may appoint or employ staff for that agency;

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Human Resources Planning, Response and Recovery for Disaster and Pandemic 5

A Guide for Managers and Employees in the Government of Manitoba October 8, 2009

• If an employee is designated by the employing authority or authorized supervisor to be available on stand-by during off duty hours, they are entitled to be paid additional compensation, consistent with any applicable provision of their collective agreement or civil service regulations, for the time they are on stand-by outside their normal working hours.

Corporate and departmental priorities

Departments Helping Departments There may come a time when people and other resources may not be available to maintain the broad spectrum of government services. Departments will have to make some hard decisions about which services to support, along with corporate guidance. Some services may have to be scaled back while others are temporarily suspended. The goal is to maintain and support the services that are the core services of the Manitoba government. All else can be put on hold until the crisis is over.

Beginning in 2006, departments were charged with developing and maintaining comprehensive business continuity plans. Employees and managers worked together to prepare the plans that identify the time-critical services2 or functions of their unit. There is now a need to rationalize this list of services to ensure that similar business services are given the same level of priority across the Manitoba government.

Departments must be ready to respond to cross-government business service requirements by reducing the people and resources assigned to non-time-critical services and shifting both to time-critical services. One department may also be asked to help another department deliver critical services that are given an overall greater priority in a specific geographic location.

Regional considerations

The critical incident or disaster may affect only one part of the province or may affect different parts of the province at different times. Should only one part of the province be affected, no matter how short-lived, there may be no reason to suspend non-time-critical services in those parts of the province that remain unaffected. Departments should expect regional variations in what services they can, and are able to, deliver.

Humanitarian considerations

Departments should also consider the impact of the critical incident or disaster on those employees who remain. Many will have family responsibilities and may, possibly, be grieving a loved one. In this atmosphere, productivity will likely be compromised. People cannot, and should not, be expected to work or perform as if everything is normal. As a result, employee assistance programs will likely be strained to accommodate the demands made upon them.

2 Time critical services are services that must be resumed within a recovery time objective of less than one week. The identification of these services is based on standard criteria (e.g., impact on the health, life and safety of employees and clients). Some of these services may have to be provided continuously (e.g., water treatment).

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Human Resources Planning, Response and Recovery for Disaster and Pandemic 6

THINGS TO CONSIDER

For government • Work with departments to revise/update and prioritize their lists of time-critical services.

• Provide departments with tools for managers and employees to use in developing critical incident transition or briefing binders related to their jobs.

For departmental BCP planning teams • Review the department’s updated business continuity plan.

• List, in order of priority, time-critical services, get senior management approval of the list and submit to Manitoba Intergovernmental Affairs, Emergency Measures Organization.

• Work with managers to confirm their strategy to deliver services during the critical incident, which could include turning to the private sector, or hiring retirees or fixed term staff.

• Ensure ongoing training programs are in place for personnel who are the designated alternates and backups to time-critical service delivery workers.

• Consult with managers to determine if using alternate workplace arrangements will help deliver time-critical services.

• Assess the opportunities to increase the use of the government website in delivering time-critical services.

• In multi-department buildings use your building committees to develop mutual support programs for all time-critical services delivered in the building.

• Develop a schedule of exercises to test your department’s critical incident planning including building-wide exercises. Involve your department back-ups in these exercises.

For managers • Review your area’s business continuity plan to confirm the time-critical ranking of your

business services.

• Identify two alternates, if possible, for staff required to deliver time-critical services.

• Train backups or alternates for employees who deliver time-critical services in case illness or fatigue should cause further absenteeism.

• Ensure backups and transition materials have been prepared for employees who may request leave to attend to family responsibilities or for grieving a loved one.

• Determine if there are services that can be delivered effectively using alternate workplace arrangements.

• Keep an up-to-date record of employee contact information.

• Discuss skill sets and experiences acquired during past or current employment with all employees.

• Keep your local union representatives informed. Ask for their help in reassuring employees about the situation and have them relay employee concerns.

• Advise employees about preparations for dealing with a critical incident.

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For employees • Consider alternate travel arrangements, in case public transportation is disrupted or

your regular ride is unavailable.

• If you are a time-critical service employee, keep your back-up or alternate informed about the status of your work – put together a critical incident transition or briefing binder for your position. Keep the focus of this binder on operational materials and procedures that form the core part of your job.

QUESTIONS AND ANSWERS

Q. How do I know if the service I provide is essential? A. In the process of preparing business continuity plans, departments assessed each

service against a set of standard criteria. Essential services are generally services that help safeguard the life, health and safety of clients and employees. Check with your manager to see if the service you provide is essential.

Q. Why not just close all non-essential services and send the employees home? A. Government has made a commitment to continue offering public services unless

employees and other resources are not available. The presence of open government offices in communities signals that the government and its employees are continuing to work for the greater good of all citizens.

Q. How will staff pay and benefits be affected by any lost work time (ex: when minimum operating standards don’t require certain staff or when the delay in re-establishing an office results in non-work time)?

A. When minimum operating standards in your workplace do not require you to be at work and you have been asked to stay home or if there is a delay in establishing an office from which you can work, your pay and benefits will continue without interruption. You must, however, remain available for work in case you are needed to fill in for an employee who is unavailable for work and delivers an essential service.

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Chapter 2 COMMUNICATIONS THROUGH THE CRISIS

Corporate communications plan

Timely, accurate, clear and consistent communication is an important element in managing any emergency. Manitoba government employees, clients, stakeholders and the public will need to have accurate, up-to-date information so that appropriate action can be taken to help minimize the disruption and ensure the delivery of essential services.

Communications before, during and after

For department managers, there will be ongoing communications with their employees to provide information and clarification on work-related issues and instructions on where employees are expected to report to work. Managers will also continue to track employee absences and will maintain up-to-date contact information for all employees.

During the recovery period, department heads will distribute information to their managers and employees through the transition to normal. Return to normal is based on the department business continuity plan and the staff available.

Monitoring attendance

Department managers will be responsible for ensuring attendance data is tracked as this is crucial for making decisions about the delivery of essential services.

THINGS TO CONSIDER

For government • As the employer, coordinate the flow of information to Manitoba government employees

before, during and after the critical incident.

• Issue corporate messaging, information and guidance through various communication tools such as Q’s and A’s.

For departmental BCP planning teams • Coordinate with managers to develop department-specific messaging that may be

required during a critical incident or other emergencies.

• Ensure corporate messaging is distributed to managers and employees in your department.

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For managers • Keep in contact with all employees, including those supporting the delivery of time-

critical services in your program area, during the critical incident.

• Keep an updated record of employee contact information.

• Ensure employees know how to find information during an emergency.

• Ensure all corporate communications are distributed to your employees.

• Read Q’s and A’s for both managers and employees, so you are familiar with information targeted to both groups.

• Be available to respond to employee questions before, during and after the critical incident.

For employees • Ask your manager if you have questions about any communications materials that have

been issued before, during and after the critical incident.

• Keep your manager informed about the status of your work.

• Provide updates on your contact information to your manager.

QUESTIONS AND ANSWERS

Q. I don’t think I’m receiving all the communications such as Q’s and A’s that have been issued. What should I do?

A. Talk to your manager. Your manager will ensure that you receive all of the communications issued to employees.

Q. How will I know if I’m supposed to report to work?

A. You are expected to work during a critical incident, since the government will be open for business. If there is a change in your work arrangements, your manager will contact you with up-to-date information. Please ensure that you provide changes in contact information to your manager.

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Chapter 3 WORKPLACE REASSIGNMENTS

Statement of government’s position on workplace reassignments

Extraordinary times call for extraordinary measures. This will be especially true during a disaster or critical disruption of service. Therefore, all employees, regardless of employee group, including managers and senior executives, may be eligible for reassignment. Exceptions will be employees already working at a prioritized time-critical service, or employees being accommodated or requiring employment accommodation during the critical incident.

While no one can predict the extent to which reassignment will be required during any critical incident, it is safe to assume that reassignments may affect all departments. Departments are encouraged to identify early on alternates for specific positions. Ideal candidates are those who already have the knowledge and skills required in the target position, or who have performed the work previously. Only by identifying alternates before the need for them arises and by ensuring they have received adequate training for the demands of the job, will employee reassignment be successful.

Progression: Within department, between departments and/or regions

To ensure that prioritized time-critical services are maintained, it may be necessary to reassign employees to other positions within their current bargaining unit, reassign them to a different bargaining group, or reassign them to a non-bargaining employee group. While the initial and preferred approach to reassignment is to move department employees within a pre-determined geographic area, it may become necessary to expand reassignments to include moving employees across the province and between different departments.

Process for selection

Individual departments will be responsible for assigning employees within their own geographic area. The Deputy Minister Advisory Committee on Emergency Preparedness and Public Safety will coordinate any corporate reassignments that may be required during the disaster or critical disruption of service.

Compensation

A basic principle in the government’s approach to compensating employees during a critical incident or disaster is that the provisions of current collective agreements will continue. Current provisions of the civil service regulations will apply to non-bargaining employees.

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Augmenting the workforce

Normal staffing procedures will continue to apply. If you have any questions, call your human resources director.

Grievance management

There are six bargaining agents representing employees in the Manitoba civil service, as listed in the following table.

Collective Agreement Bargaining Agent

GEMA Manitoba Government and General Employees’ Union

Direct Service Workers and Child Development Workers (Rural)

Canadian Union of Public Employees

LALA The Legal Aid Lawyers’ Association

MACA The Manitoba Association of Crown Attorneys

MMA Manitoba Medical Association

OPEEPM

The Professional Institute of The Public Service of Canada – OPEEPM – The Organization of Professional Engineers Employed by the Province of Manitoba

If you are a member of a bargaining unit, review your collective agreement. If you are not part of a bargaining unit, get to know the policies and directives that apply to you. You will find details at www.internal/finance/labour_relations/coll_agree.html

The grievance procedure supports prompt resolution of grievances through an orderly process without stoppage of work or refusal to perform work. For resolving most employee concerns, the first step is to talk to their immediate supervisor. Collective agreements outline the grievances steps to follow.

Grievances are generally restricted to matters found in the collective agreement and any related memoranda, employer policy or disciplinary action.

Collective agreements usually provide for either party to request an extension of the time limits providing such extension is requested prior to the expiry of the time allowed. Requested extensions shall not be unreasonably withheld.

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THINGS TO CONSIDER

For government • Review current guidelines and legislation and talk to the appropriate parties.

For departmental BCP planning teams • Identify at least two alternates for the department’s business continuity team and record

the information in the department business continuity plan.

• Work with department managers to identify the knowledge and skill sets required to deliver time-critical services. Identify any special credentials or certification that might be required. If possible, create a critical incident transition file or binder either on paper or electronically to help the alternate to take over the critical functions of the job.

• Determine if there is any generic training that will assist employees who may be asked to act as alternates to other positions.

• Ensure that critical incident preparedness sessions are delivered to department managers and employees.

For managers • Identify the knowledge and skill sets required to deliver the time-critical services.

Identify any special credentials or certification that might be required.

• Identify two alternates, if possible, for staff required to deliver time-critical services.

• Document workplace procedures and prepare critical incident transition files/binders with the department BCP planning team and employees.

• Develop and deliver appropriate training and orientation for alternate staff.

• Identify staffing needs to department planners in case suitable alternates cannot be found.

• Discuss with your department human resources consultant any questions you might have about the terms and conditions of reassignments.

For employees • If you are a critical service employee, work with others to create a critical incident

transition file/binder to inform an alternate or back-up about the key components of your job.

• Alternates should attend any training and orientation sessions offered. Learn procedures and read critical incident transition files/binders given to you.

• Talk to your manager about any issues or concerns you may have about the alternate position.

• Attend department awareness sessions on critical incident preparedness.

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QUESTIONS AND ANSWERS

Q. I am worried that I will be reassigned to a location far from my family. Is that possible?

A. Yes. However every effort will be made to minimize employee relocation within the Manitoba government and to minimize the disruption of employees’ personal lives.

Q. Under what circumstances can I be asked to relocate to a new district office?

A. If reassignment is required to keep time-critical services up and running, departments will first look to find alternates within the same geographic area. If no qualified employees are available, only then will departments look outside the geographic area.

Q. If there are several employees who are eligible to go, how will the selection be made?

A. It is at the discretion of management to reassign the most appropriate person to ensure the time-critical services are available to the public during a critical incident.

Q. If I do not wish to go, what recourse is available to me?

A. Every effort will be made by the manager to consider personal situations when reassigning an employee during a critical incident. However, if your particular skills and knowledge are required to perform time-critical services in a location other than where you usually work, and there is no other employee at that location who is capable of performing those duties, then you, as a civil servant, are required to temporarily relocate to support essential services delivery.

A critical incident may give rise to requests for vacation time or the cancellation of vacation time, dependent on the employee’s individual needs and circumstances. Managers should consider the requests in a positive manner, subject to the immediate operational requirements of the workplace.

Q. I believe that the reassignment puts my health and safety at risk. What should I do?

A. If you have reason to believe and do believe that a condition exists that is dangerous to your health and safety, you must tell your supervisor. The supervisor will inspect the condition with you and discuss your reasons for believing it to be dangerous. Where there is a health and safety committee at the workplace, the co-chairpersons may be asked to participate. The supervisor will determine the safety level and take appropriate action. Managers should contact their Human Resources Branch/Workplace Health and Safety co-ordinator for advice about the work refusal process. Potential hazards must be verified by supervisors.

If an employee is dissatisfied with the supervisor’s decision, or if the supervisor refuses to inspect the condition, the employee shall write or call the Workplace Health and Safety Division, Manitoba of Labour and Immigration as soon as possible.

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If an employee refuses to work because they believe the condition is dangerous, the employee must be available to perform other work assigned.

Where an employee willfully takes unfair advantage of these provisions, the employee may be subject to disciplinary action up to and including suspension or dismissal. (MGEU Collective Agreement, Section 43:12 www.internal/finance/labour_relations/coll_agree.html )

The process for mass work refusal is the same as the process for one or several work refusal(s). A manager will determine the circumstances of the refusals: ex: are many employees refusing the exact same task? Are many employees refusing a variety of things? The answer to this will be the subject of your discussion with your Human Resources Branch/Workplace Safety and Health co-ordinator.

Q. Will I be sent to perform a job that I am not qualified to do?

A. Employees will be provided with the training and necessary equipment they need to do the job they are assigned.

Q. What if I incur expenses because of the reassignment?

A. All reasonable expenses, such as travel costs, meals, and accommodation, will be reimbursed.

Q. Will I get additional pay because of the reassignment?

A. Employees will be paid according to their current entitlements. No employees will have their salaries reduced, regardless of the job to which they are reassigned.

Q. Will a reassignment have a negative effect on my merit date or my eligibility for annual pay increments?

A. No.

Q. How does the reporting relationship to my permanent manager change?

A. If you are temporarily reassigned to another area of the organization, you will take direction, during the reassignment, from the manager overseeing that area of responsibility.

Q. Are there any restrictions on what my temporary manager can ask me to do?

A. You will be expected to perform, within reason, the duties normally provided by the person who is usually in the position to which you are reassigned.

Q. I am being asked to report outside of my regular type of workplace environment and am not comfortable with this. What should I do?

A. Every effort will be made by the manager to consider personal situations when reassigning an employee during a critical incident. However, if your particular skills and knowledge are required to perform time-critical services in a location other than where you usually work, and there is no other employee at that location who is

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capable of performing those duties, then you, as a civil servant, are required to temporarily relocate to help deliver the essential services. Our mission and our legal obligations are to provide service to the people of Manitoba. People depend on our services for their well-being and sense of security, particularly in a fearful time.

Q. If I am currently on an acting or temporary assignment, how will the reassignment affect my acting or temporary status?

A. Not at all. A reassignment will not affect your status nor will it affect the compensation you receive. Once the critical incident has passed, you will be able to resume your regularly assigned duties.

Q. How will the reassignment affect any assessment of my performance in the temporary or acting assignment?

A. Your assessment will not be affected.

Q. How will the employee selection process for temporary assignments work?

A. Individual departments will be responsible for assigning employees within their own geographic area. The Deputy Minister Advisory Committee on Emergency Preparedness and Public Safety will coordinate any corporate reassignments that may be required during the disaster or critical disruption of service.

Q. How will managers ensure that reassigned employees are properly trained?

A. Employees will be provided with the training and equipment they need to do the job they are assigned. It is the responsibility of each manager to identify alternate employees to fill essential service positions. Managers must also provide orientation and training to prepare alternates to assume the duties of a position, should the need arise. Managers should contact their human resources consultant if they need advice or help with organizing cross-training programs.

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Chapter 4 ALTERNATIVE WORKPLACE ARRANGEMENTS

Statement of government’s position on alternate workplace arrangements

Experiencing a critical incident in the workplace will test the Manitoba government’s ability to continue delivering the full range of government services the public expects. Absenteeism, building security issues and concerns about power and water utility operation may result in the closure of some workplaces. To provide as many services as possible during a critical incident, arrangements must be made for at least some employees to work from an alternate workplace. Establishing alternate workplace arrangements may be the only way to ensure that at least some level of service can be maintained during a critical incident.

Alternate workplace arrangements during a critical incident are temporary. They are designed to allow as many Manitoba government employees as possible to continue delivering time-critical services.

Eligible expenses

Alternate workplace arrangements and reassignments may be necessary during a critical incident or disaster crisis. The business of government will continue. Time-critical services will be maintained. This means employees from all employee groups may incur work-related expenses. The department’s Deputy Minister has the authority to approve all reasonable work-related expenses incurred by Manitoba civil servants during a critical incident or disaster.

Now is the time

If alternate workplace arrangements are to be ready for a potential critical incident, preparations should begin now. Senior management should commit – and be seen to commit – to establishing and implementing alternate workplace arrangements. Key managers also should be involved in:

• identifying the services suitable for alternate workplace delivery

• selecting the required employees

• deciding on alternate workplace locations including working from home

• explore technology alternatives such as options for all employees who need secure off-site access to government webmail

• arrange for equipment, furniture and supplies

• provide any necessary training for employees and other managers

• test the alternate workplace arrangements

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Flexibility

Managers can also allow employees to work flexible hours or different work arrangements.

THINGS TO CONSIDER

For government • Develop guidelines to help managers determine when alternate workplace

arrangements might be appropriate.

For departmental BCP planning teams • Get senior management approval for appropriate alternate workplace arrangements.

• Record the addresses and phone numbers of employees who may be asked to work from home or other alternate workplaces.

• If possible, managers should discuss the possibility of flexible work arrangements with their employees.

• Work with managers to develop necessary training for alternate workplace arrangements (ex: IT, attendance reporting, communication requirements and performance issues).

For employees • Inform your manager if you may have problems reporting to the workplace during a

critical incident or crisis.

• Talk to your manager about working flexible work hours during a critical incident or crisis (ex: if alternate workplace arrangements are not available for your position).

• Know the prerequisites and working conditions associated with working at an alternate workplace (ex: including the possibility of working from home).

• Communicate regularly with your manager while participating in the alternate workplace arrangement.

• Follow all rules, procedures and laws applicable to your position.

• Speak to your manager if you have any questions or concerns.

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QUESTIONS AND ANSWERS

Q. What is the employment status of an employee who works in an alternate workplace arrangement?

A. The employee’s status and benefits entitlement remain unchanged.

Q. What are the rights and entitlements of an employee who works at an alternate workplace?

A. Employees retain all their protections under the collective agreement. The terms and conditions of employment, including the right to file grievances and be represented by the union/association continue to apply. The terms and conditions of employment for non-bargaining employees also remain unchanged.

Q. Does The Workplace Safety and Health Act apply to an employee at an alternate workplace?

A. The Workplace Safety and Health Act does apply to an employee who is injured at an alternate workplace:

o if the injury occurred in a place where the worker might reasonably have been expected to be while engaged in work related activities

o where the worker has fixed hours of work, if the injury occurred in those hours or during a reasonable period before starting or after finishing work

o where there are not fixed hours of work, or if the accident occurred outside the employee’s fixed hours of work, the criteria of place and activity are applied to determine whether the personal injury occurred in the course of employment

o if the injury occurred while the worker was performing a work-related duty or in an activity reasonably related to the job.

Q. How is an employee in an alternate workplace arrangement managed?

A. Expectations regarding performance of an employee in an alternate workplace arrangement remain unchanged. This must be made clear to the employee before implementing the arrangement. Ongoing communications between the manager and the employee are extremely important for performance management.

Q. What is the work schedule of an employee in an alternate workplace arrangement?

A. The manager and the employee should agree on the official hours of work, as well as when and how the employee will be accessible to management and other employees. Whenever possible, the regular hours of the alternate workplace will be maintained. When different hours of work and/or days of work are required, mutual agreement with the bargaining agent shall be reached as required by the collective agreement. Where mutual agreement is not required, subject to the provisions of the agreement, an employee can be assigned to a work schedule that meets the needs of the alternate workplace arrangement.

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Q. Can an employer require an employee to work at an alternate site?

A. Many Manitoba government employees normally work from alternate workplaces. Before assigning significant numbers of employees to alternate workplaces, human resources and the employing authority must discuss the situation.

Q. Can managers direct staff to work outside of their normal working hours?

A. Yes. Managers will consider personal situations when requesting a change in normal working hours or overtime during a critical incident. Changing an employee’s hours of work, or assigning overtime, is a management right and must be exercised reasonably, fairly, in good faith and in a manner consistent with any applicable collective agreement or civil service regulations. Managers should discuss any questions they may have regarding working hours with their human resources consultant.

Q. What’s the policy guidance on being able to order staff to stay home?

A. An employee may be directed not to report to their regular workplace due to safety or health issues in the employee’s workplace. The following options are available to the employing authority:

o The employing authority may reassign the employee to a work location that does not have the safety/health hazard. Assignment to a work location that involves travel must be done reasonably (business rationale), fairly, in good faith and in a manner consistent with any applicable collective agreement or the civil service regulations. Time spent while traveling on the employer’s business is work for bargaining unit employees and considered as working hours for overtime purposes.

o Where practical, and with the employee’s agreement, the employing authority may temporarily assign the employee to work from the employee’s home.

o If there is no option to re-assign, and the work that the employee normally does cannot be done at home, the employing authority should continue to search for alternate work locations. In the short-term, the employee’s salary remains unchanged as the employee has not been laid off or otherwise removed from employment. The employee must remain available for immediate recall to work during the normal working hours.

o Where unscheduled banked time is available to be taken, the employing authority shall talk to employees to reach agreement on when time off is to be taken. Where agreement is not reached, the employing authority shall determine when the time off is to be taken. The employee will receive two weeks notice before the banked time can be scheduled by the employing authority.

o The employing authority may suggest an employee consider using unscheduled vacation leave. An employee is not required to do so except that all vacation leave shall be taken by the end of the fiscal year, unless restricted by the employing authority. An employee whose vacation leave has been restricted may, in lieu of receiving such vacation pay (subject to employing authority approval), elect to carry over vacation to the following year.

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o The employee may be subject to temporary layoff in accordance with the applicable collective agreement or civil service regulations.

o If an employee who has been at home, but not working, is required to return to the workplace, the employee is not given any additional compensation for working his/her normal working hours. Employees are paid their regular salaries and only paid additional compensation when called in to work after their normal working hours.

o If an employee is designated by the employing authority or authorized supervisor to be available on standby during off-duty hours, the employee is entitled to be paid additional compensation, consistent with the collective agreement or civil service regulations, for the stand-by time.

Q. What if an employee refuses to work from home?

A. The employer may temporarily assign the employee to work in any location that does not have a safety or health hazard.

Where practical and with the employees’ agreement, managers may temporarily assign employees to work from their homes. If the assignment is made reasonably, fairly, in good faith and in a manner consistent with any applicable collective agreement or civil service regulations and the employee still refuses, they may be subject to temporary layoff in accordance with the applicable collective agreement. An employee cannot be forced to work from their home.

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Chapter 5 RIGHT TO REFUSE

Statement of government’s position on right to refuse

During a critical incident or disaster, unions representing employees will work cooperatively with employers to protect the interests of their members.

In some cases, employees may express their concern by refusing either to come into work or by refusing certain work assignments. The Workplace Safety and Health Act gives employees the right to refuse to work, or do particular work at a workplace, if they reasonably believe that the work constitutes a danger to their safety or health. This right is outlined in most collective agreements.

When employees wish to invoke their rights to refuse dangerous work, they must immediately notify their supervisors, and include the reasons for the work refusal. The supervisor must investigate the condition and discuss the employee’s reasons for believing it to be dangerous.

If management is not able to correct the dangerous condition, the manager along with a health and safety committee member at the workplace, or another designated person, may be asked to participate in the workplace inspection.

If an employee continues to refuse to work, and they have reason to believe the work is still dangerous, any party can tell a safety and health officer about the refusal to work and the reasons for it. At this stage, the officer shall investigate the matter. The officer shall determine if the work is dangerous, and make necessary orders to resolve the matter.

During this process, the employer may temporarily reassign the worker to alternate work.

Health and safety first

Manitoba government managers must take all reasonable precautions to ensure employee safety and health. Employees who are concerned about their health and safety should share their concerns with their supervisors.

Communication

Employers must develop a communications strategy that provides accurate, factual and timely information to all staff about the seriousness of the critical incident.

Obligations of employees and supervisors/managers

When employees refuse to work, they must immediately tell their supervisors. The supervisors will then investigate the condition with the employee and discuss their reasons for believing the condition to be dangerous. If there is a health and safety committee at the workplace, the co-chairpersons may be asked to participate. The supervisor will decide if the situation is hazardous and, if so, how it will be corrected. If an employee is unhappy

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with the supervisor’s decision, or if the supervisor refuses to inspect the condition, the employee should call or write to the Workplace Safety and Health Division, Manitoba Labour and Immigration as soon as possible. The department will assign an inspector to conduct an investigation. The inspector will determine if the work refusal is valid or not. If the work refusal is considered valid, Manitoba Labour and Immigration will issue orders to the employer. If the work refusal is considered invalid the department may tell the parties to deal with the issue as a general complaint.

Pending the investigation and decision by Manitoba Labour and Immigration, the refusing worker may be re-assigned to alternate work. While awaiting the investigation and decision, another worker can be assigned to perform the work, however they must be told about the work refusal by the first worker and the reasons for it.

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Chapter 6 EMPLOYEE ASSISTANCE PROGRAM

Employee Assistance Program (EAP)

The Manitoba government and the Manitoba Government and General Employees’ Union currently provide counselling support to all our employees through an Employee Assistance Program (EAP).

Your EAP provides confidential, voluntary access to a qualified counselor who can help resolve personal and work-related problems before they affect your health, family or your ability to work. The program offers individual, family and marital counselling, as well as specialized services including Critical Incident Stress Debriefing (CISD) resulting from a critical incident or disaster.

People exposed to trauma can experience a wide range of emotional responses. An EAP counselor, in either a group or individual setting, conducts debriefing sessions. The CISD process gives employees the ability to share thoughts and feelings about their reactions to an unusual event and to better understand the effects of a traumatic incident.

No matter how difficult or complicated life feels, the first step is to call EAP at 945-5786 in Winnipeg; toll free at 1-866-669-4916; TTY 948-3401. For more information, visit our website at www.gov.mb.ca/csc/.

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Appendix 1 PANDEMIC SPECIFIC INFORMATION

General information

Today, the people of Manitoba look to their government for more than providing essential goods. They look to it for critical services. This will be especially true during a pandemic influenza virus disruption of service when the private sector may be unable, or unwilling, to continue business as usual. Government will be expected to deliver information, advice, help, financial and physical security – and above all, leadership. A major outbreak could strain the resources of the government. Nevertheless, every effort will be made to maintain quality, critical government services. We must ensure that the public can access these services and can communicate directly and in person with government representatives. Not only must the government take care of business, it must also be seen to be taking care of business. For this reason, keeping the doors open to the buildings that house these services will be key to maintaining public confidence in government.

The government must also be seen as a responsible employer. Maintaining the safety and health of its employees, clients and all who either work in or visit public buildings is essential. While the public will see that their government is open for business, it will not necessarily be business as usual.

Pandemic stay healthy strategy

Slowing the spread The following information is from the document: Government, Business and Other Non-Health Care Workplaces: Summary of Infection Prevention Guidelines for Influenza Like Illness (ILI) including Pandemic H1N1 Influenza (September 10, 2009) that can be found on the Government of Manitoba H1N1 website (www.gov.mb.ca/flu/business.html) in printable format. Check the H1N1 website (www.gov.mb.ca/flu/) regularly to ensure you have the most current information.

Pandemic H1N1 influenza is a respiratory illness that causes symptoms similar to those of the seasonal flu. Spread of the H1N1 virus is thought to be the same as seasonal flu.

Influenza spreads easily from person to person by coughing or sneezing, by hand-to-hand contact with an infected person, or after handling objects contaminated by infected people. The virus can survive on hard surfaces for up to 48 hours, on cloth, paper or tissue for up to 12 hours and on hands for about five minutes, long enough for you to inadvertently touch your mouth, nose or eyes and transfer the virus to your body. Not everyone who gets influenza develops symptoms, but they may still be able to spread it to others, especially if they cough or sneeze.

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Symptoms of Influenza-like Illness: • Sudden fever of 38°C (100.4°F) or higher

• Cough

• One or more of the following: sore throat, muscle aches, or physical exhaustion.

• Children may also feel sick to their stomach, vomit or have diarrhea, but these symptoms are uncommon in adults.

• Elderly people and people with lowered immunity may not develop a fever.

Routine measures to prevent the spread of infection The H1N1 virus is considered to be present in communities throughout Manitoba and in all public settings. The risk of becoming infected with pandemic H1N1 in most workplaces is considered the same as in any other community location. Following routine measures can help to prevent the spread of infection.

Hand Hygiene • Workers should wash their hands regularly. Soap and water is preferred, however,

where these are not available, hand sanitizers are an acceptable alternative if hands are not visibly soiled.

• Scrub between your fingers, on the backs of your hands and under your fingernails. Don’t miss the thumbs and rinse hands for about 10 seconds. Use a paper towel to turn off the faucet.

• You should wash your hands before eating, after touching common surfaces (ex: door knobs, railings, telephone) and after using the washroom.

• Avoid touching your eyes, nose or mouth.

Cough etiquette • Workers should cough or sneeze into their inner elbow or sleeve or by using a tissue to

cover their nose and mouth. The tissue should be thrown away and hands washed.

Social distancing • Although the risk of becoming infected with H1N1 in the workplace is considered the

same as in any other location where people come together, putting greater distance between yourself and other people and avoiding close contact may decrease your risk of exposure.

Stay home when ill: • Workers with H1N1 symptoms should stay home from work and limit contact with others

until they feel better.

NOTE: The use of masks by healthy people in non-health care settings has been shown to be ineffective in preventing people from getting the flu.

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General Precautions for Interacting with Clients • Clients with H1N1 should be advised to reschedule their appointments, if possible, or

receive service in a way that does not involve face-to-face contact with a worker (ex: phone or online service).

• Individuals who think they have been exposed to H1N1 influenza, but are feeling well, do not need to stay home from work. However, they should watch carefully for H1N1 symptoms. If they develop symptoms, then they should stay home until they feel better.

Cleaning: • In non-health care settings, including workplaces, routine cleaning of frequently used

pieces of equipment and surfaces is sufficient.

Where can I get more information? • For more information about pandemic H1N1 influenza, visit www.manitoba.ca

• For more information about H1N1 influenza and workplace safety: safemanitoba.com/uploads/bulletins/bltn262.pdf

• For more information about influenza and self-care, contact Health Links-Info Santé at 788-8200 in Winnipeg; toll free 1-888-315-9257 or your primary health care provider.

Where can I get advice about risk of exposure to influenza in my workplace? • Employees concerned with their health and safety should talk to their supervisors about

their concerns.

• For more information about Workplace Safety and Health, visit www.safemanitoba.com or contact their office at (204)945-3446 in Winnipeg or toll free at 1-866-888-8186.

• Infection Prevention and Control Guidelines for Non-Healthcare Facilities are posted at www.gov.mb.ca/flu/business.html . A link to the Manitoba H1N1 Flu website is also posted on the Civil Service Commission’s intranet page at www.internal/csc/ .

QUESTIONS AND ANSWERS

Q. How do I know if the service I provide is essential?

A. When preparing business continuity plans, departments assessed each service against a set of standard criteria. Essential services are generally services that help safeguard the life, health, and safety of clients and employees. Check with your manager to see if the service you provide is essential.

Q. Why not just close all non-essential services and send the employees home?

A. Government is committed to continuing to offer public services, unless employees and other resources are not available. The presence of open government offices in communities signals that the government and its employees are continuing to work for the greater good of all citizens.

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Q. I don’t think I’m receiving all the communications (ex: Q’s and A’s) that have been issued. What should I do?

A. Talk to your manager. Your manager will ensure that you receive all of the communications given to employees.

Q. How will I know if I’m supposed to report to work?

A. You are expected to work during a pandemic influenza virus outbreak, since the government will be open for business. If there is a change in your work arrangements, your manager will contact you. Please ensure that your manager has your current contact information.

Q. Under what circumstances can I be asked to relocate to a new district office?

A. If reassignment is required to keep time-critical services up and running, departments will first look to find alternates within the same geographic area. If no qualified employees are available, only then will departments look outside the geographic area.

Q. If there are several employees who are eligible to go, how will the selection be made?

A. It is at the discretion of management to reassign the most appropriate person to ensure the time-critical services are available to the public during a pandemic influenza viral outbreak.

Q. If I do not wish to go, what recourse is available to me?

A. Every effort will be made by the manager to consider personal situations when reassigning an employee during a pandemic influenza viral outbreak. However, if your particular skills and knowledge are required to perform time-critical services in a location other than where you usually work and there is no other employee at that location who can perform those duties, you, as a civil servant, are required to temporarily relocate to support the delivery of the essential services.

A pandemic influenza viral outbreak may give rise to requests for vacation time or the cancellation of vacation time, depending on the employee’s individual needs and circumstances. Managers should consider the requests in tune with the immediate operational requirements of the workplace.

Q. I believe that the reassignment puts my health and safety at risk. What should I do?

A. If you have reason to believe that a condition exists that is dangerous to your safety and health, you must tell your supervisor. The supervisor will inspect the condition with you and discuss your reasons for believing it to be dangerous. If there is a safety and health committee at the workplace, the co-chairpersons may be asked to participate. The supervisor will determine if the situation is hazardous or not.

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Managers should contact their Human Resources Branch/Workplace Safety and Health co-ordinator for advice about the work refusal process. A key consideration is confirmation of an actual hazard.

If an employee is unhappy with the supervisor’s decision or if the supervisor refuses to inspect the condition, the employee should call or write the Workplace Safety and Health Division, Manitoba Labour and Immigration as soon as possible.

If an employee refuses to work because they believe the condition is dangerous, the employee must be available to perform other assigned work.

If an employee willfully takes unfair advantage of the above provisions (MGEU Collective Agreement, Section 43:12), the employee may be subject to disciplinary action up to and including suspension or dismissal.

The process for mass work refusal is the same as the process for one or several work refusal(s). A manager will need to determine the circumstances of the refusals. (ex: Are many employees refusing the exact same thing or are many employees refusing a variety of things? The answer to this will guide your discussion with your Human Resources Branch/Workplace Safety and Health co-ordinator about the next steps to take.

Q. If I am absent during a pandemic influenza outbreak, does the employer have the right to ask me personal, health-related questions?

A. During the health emergency, the collection of personal information related to the contraction of illness is necessary for the employer to manage the workforce and contain the spread of infection within the Manitoba government. It is in accordance with The Freedom of Information and Protection of Privacy Act (FIPPA) and The Personal Health Information Act (PHIA).

Q. If I help deliver an essential service and I start to feel sick, should I try to come to work anyway?

A. No. Please do not come to work during a pandemic influenza outbreak if you feel sick no matter how essential the service you provide. You risk your own health and the health of other employees. Stay at home, call your manager and decide whether you need medical attention.

Q. If I stay home when I’m sick, won’t my manager think I’m not serious about my work?

A. No. All employees, including your managers, will be told that it is imperative that they stay home when they show symptoms of illness – no matter how minor. No service you provide is so critical that you should put at risk your own health and the health of others. Staying away from the workplace when sick does not at all reflect on your work performance.

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Q. Will I need a note from my doctor if I am absent due to illness for more than three days?

A. An employee who has been absent because of sickness for a period of more than three consecutive working days may be requested to supply a medical certificate certifying you were unable to be at work due to illness.

Q. I’m sick, and I know I should stay home, but I am afraid I won’t get paid if I’m not at work. What should I do?

A. Stay home if you are sick. Speak to your manager or department human resources consultant, who will advise you about your entitlements during your absence due to getting the influenza virus during a pandemic.

Q. I am not able to work because I must care for ill family members. What benefits are available to me in this situation?

A. If eligible, you may be able to access family-related leave, vacation leave, banked time-off or leave of absence without pay.

Q. What if I’m at work and start to feel sick? What should I do?

A. Follow the normal procedure for your workplace to tell your manager and/or get your manager’s approval to go home. Decide whether you need to seek medical attention.

Q. If I’m asked to work during a pandemic influenza outbreak and I get the flu during the time I am traveling to and from work, or at work, can I claim Workers Compensation benefits?

A. You can file a claim for Worker’s Compensation benefits. To be eligible for benefits you must establish that you contracted the influenza virus while performing your specific job responsibilities. (ex: daycare worker, nurse in a correctional facility, lab worker in a public health lab.) An employee is generally not considered to be in the course of employment when travelling to and from the workplace, as they are considered to be part of the general public. Exceptions to this are considered based on time, place, activity, the nature of the work, the nature of the environment and the practices of the particular workplace.

Q. Will all employees receive antivirals or vaccines in the workplace?

A. No. You should contact your physician about vaccines, antivirals and any other medical issues.

Q. Does the government have the right to enforce health screening of employees and contractors before they enter government buildings?

A. Yes. The employer has the right to enforce health screening of employees and contractors where the safety and health of its employees is at risk. The safety and health obligations of the employer under The Workplace Safety and Health Act and collective agreements apply to situations involving non-employees as well as contractors.

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Q. What if someone comes to the workplace and is coughing and sneezing?

A. Government workplace staff will ask people not to go into public workplaces if they display influenza symptoms.

Q. An employee who works next to me appears to have flu-like symptoms. What should I do?

A. Talk to your manager.

Q. My manager says I don’t need any personal protective equipment (PPE) but I want to wear my own surgical mask during work. Am I allowed to do so?

A. Talk to your manager or your safety and health committee members about your concern. Depending on the circumstances, your safety and health representative may also be able to give you advice.

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Appendix 2 ADDITIONAL INFORMATION & USEFUL WEBSITES

• GOM H1N1 Main Page: www.gov.mb.ca/flu/index.html

• GOM H1N1 Flu Factsheets: www.gov.mb.ca/flu/factsheets.html

• GOM H1N1 Media Bulletins: www.gov.mb.ca/flu/bulletins.html

• Public Health Agency of Canada – General Information on H1N1 Flu:

www.fightflu.ca

• Public Health Agency of Canada – Information for Health Care Providers

www.phac-aspc.gc.ca/alert-alerte/swine-porcine/hp-index-eng.php

• For certain workplaces such as correctional institutions, personal care homes, first responders, etc., there may be situations that place workers at greater risk for exposure to the flu. Manitoba Health and Healthy Living has developed specific guidelines for such workplaces outlining procedures and practices to be followed, including the use of personal protective equipment (PPE). The links to these documents are available at www.gov,mb.ca/flu/index.html, as follows:

o www.gov.mb.ca/asset_library/flu/correctional_facilities.pdf

o www.gov.mb.ca/asset_library/flu/government_workers.pdf

o www.gov.mb.ca/asset_library/flu/group_homes.pdf

o www.gov.mb.ca/asset_library/flu/residential.pdf

o www.gov.mb.ca/asset_library/flu/transport.pdf

• The Civil Service Commission; The Civil Service Act; Conditions of Employment Regulations; Principles and Policies for Managing Human Resources: www.gov.mb.ca/csc/policy/index.html

• Labour Relations Collective Agreements: www.internal/finance/labour_relations/coll_agree.html

• The Workplace Safety and Health Act: web2.gov.mb.ca/laws/statutes/ccsm/w210e.php

• The Employment Standards Code: web2.gov.mb.ca/laws/statutes/ccsm/e110e.php

• Employee Assistance Program: www.gov.mb.ca/csc/aboutcsc/eap.html

• Employment Standards: www.gov.mb.ca/labour/standards/

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