Safe-distancing should be mandated by law in the office — not just in parks. Workplace Law,

John Tory, the mayor of Toronto, said he will be “turning up the heat” as he signed a new bylaw requiring people to stay two metres apart from one another in city parks and public squares.

Breaking the law will have people facing a fine of up to $5,000.

But what about workplaces not providing proper safety equipment or placing workers less than two metres apart? Should the government be “turning up the heat” on unsafe workplaces, too?

Currently, various provinces are responding to a massive COVID-19 outbreak at one of its nursing homes that had affected both residents and workers.

Some workers have allegedly reported that they are not being provided protective gear to prevent outbreaks as management is stockpiling equipment in the event of a lockdown or shortage.

Workers at Amazon fulfilment warehouses reported similar angst around health and safety measures where lunchrooms were jammed and temporary workers were hired to clean without access to paid sick days.

The company claimed that strict measures had been taken but workers, claiming otherwise, walked off the job.

What does this mean for workers who must continue to attend their place of employment?

All workers have a right to a work site that protects their health and safety. In the COVID-19 era, employers must ensure clean and sanitized workplaces and implement appropriate social distancing measures. If workers believe their health or safety is at risk, they have the right to refuse unsafe work.

If the employer persists in having workers work in unsafe conditions, individuals can ask that an Occupational Health and Safety Inspector attend and make a decision. They need not work until this occurs.

Employers, such as those in long- term care facilities, should be intensifying their health and safety protocols, particularly where employees are being asked to work in shared spaces.

Some have asked whether workers who continue to attend work and are exposed to, or contract, COVID- 19 will qualify for workers’ compensation. The answer depends on the province and whether there is a sufficient causal link to establish that the employee contracted the virus in the course of employment. That may sometimes prove difficult.

Ontario’s Workplace Safety and Insurance Board has advised that claims related to COVID-19 will be determined case- by- case. The board also notes that some people’s work may place them at greater risk of contracting the virus, such as those treating someone with COVID-19. Whether many will qualify for WSIB remains to be seen.

Another important issue will be the right of employees who become infected at work to sue their employers for failing to remove employees from the workplace with COVID-19 symptoms or for permitting employees who had been out of the country from returning prematurely.

I had previously predicted such lawsuits. There is now a U. S. lawsuit commenced against Walmart Inc. for permitting employees showing COVID-19 symptoms, including one who complained of his symptoms to management, to remain working without advising other employees. That employee ultimately died. There will be more such cases — and in this country as well.

Howard Levitt is senior partner of Levitt LLP, employment and labour lawyers. He practises employment law in eight provinces. He is the author of six books including the Law of Dismissal in Canada.