Return to School & COVID-19 FAQ: Accommodation and more

Duty to Accommodate

Members with a medical condition may be entitled to an accommodation. Depending on the circumstances, the School District may be required to consider alternative working arrangements. Those arrangements will be tailored to the individual circumstances, and might include modified work schedules, changes to the working environment, the provision of additional PPE, or working from home arrangements. The onus is on the member and the union to prove that the member has a medical condition that requires accommodation. That means that the member will need to get at least a written doctor’s note supporting their request. If members need a medical accommodation, they should make an appointment with their physician immediately to discuss their circumstances. Members should provide their doctor with as much information as possible about the specific job, and the plan for returning to work so that the doctor can give an informed opinion about whether the workplace is safe for them, and what accommodations might be needed. Do not leave these issues until September! Members in this situation should schedule an appointment with their doctor right away. Contact your Local for assistance if needed.

Unless they are granted a leave of absence such as a medical leave, school district employees must attend work or risk the possibility of discipline. It is not up to individual members to decide whether or not they are comfortable returning to work. Anyone who has specific circumstances that pose problems for their return to work should raise those issues with their Local and the district well in advance of September.

Existing sick leave benefits and other terms in the collective agreements apply. This means that members should have access to sick leave if they are unable to work due to a health issue. It also means that they may be required to provide medical documentation to support their request for sick leave. However, we recognize that for many members, existing sick pay may not be enough. We have flagged this with government and will continue to push for improvements to sick leave benefits so that members can be sure that they will not be without pay if they cannot work because of COVID-19.

In some cases, members may be entitled to an accommodation. If a member has a documented medical issue, the employer is required to consider alterations to the workplace including adjusted schedules, additional PPE, working from home, or other modifications to the workplace so that the member can continue to work safely. These cases are all unique and will depend on the circumstances. That said, members will be required to provide medical documentation of their condition and restrictions.

In some cases, the employer may be required to accommodate you based on “family status” as described in the Human Rights Code. These cases are rare, and typically only arise where the employee is legally required to care for someone, such as a child. Family status accommodation typically does not apply where the vulnerable person is a parent or other adult family member. Whatever the case, you will need to get a recommendation from a doctor about what is safe and appropriate for you and your family member. If the doctor recommends that you not attend the workplace, you may need a leave of absence or to seek an accommodation. If this circumstance applies to you, you should speak to your union representative immediately to get assistance. You should also schedule an appointment with a doctor to discuss your circumstances and get advice.

Learning Groups (Cohorts)

A learning group (cohort) is an extra layer of protection that provides an opportunity for children to interact in school. This recommendation of the PHO increases the ability to better track if there is a COVID outbreak. Learning groups are limited to a maximum 60 students and staff in elementary and middle schools and 120 students and staff in high schools.
Support staff and teachers are included in the learning group numbers. They can leave the cohort as long as they are practising physical distancing.

No. Your household bubble is made up of the people closest to you that you can hug, and you don’t have to practice physical distancing with them. The learning group does not negate physical distancing. We know we can’t always maintain physical distancing at all times in schools and learning groups make sure that risk periods are small and only with a limited number of students.

Learning groups are recommended by the PHO as a way to reduce the number of interactions between students and staff, and to limit potential exposure.

All districts have various ways of dealing with students on buses: some will keep them in cohorts; some will put them in family groupings; and some will keep an empty seat between them. Districts will have to follow all protocols and guidelines of the PHO. We understand that this will be outlined in each district’s health and safety plan as part of the restart plan. CUPE staff will be gathering information on health and safety plans and issues arising from each local so that we can track progress and concerns as they come up. This will help us coordinate efforts across B.C.

We understand that staff who transition between learning groups or work with students from different learning groups will not be included as part of any single learning group. This means that they will take appropriate precautions, including physical distancing and appropriate PPE, when working.

A learning group is a group of students and staff who remain together throughout the school quarter, semester or year and who primarily interact with each other.

Within a learning group, K-12 students and staff do not need to maintain physical distancing. All staff must still make efforts to minimize physical contact within learning groups.

Outside of their own learning group, middle and secondary students and all K-12 staff need to practice physical distancing of two metres, and other safety protocols like frequent hand washing and covering coughs. Most importantly, anyone who feels unwell must stay home.

Extracurricular activities will likely involve students interacting outside of their learning groups and appropriate physical distancing is required in those circumstances.

As stated in the BCCDC guidelines, outside of a learning group, all K-12 staff as well as middle and secondary students, need to practice physical distancing of two metres, and implement other safety protocols like frequent hand hygiene as identified by the PHO and BC Centre of Disease Control. Staff from outside of the learning group must practice physical distancing at all times in all interactions at work.

OHS Cmmts, WCB Coverage

All districts must adhere to the same safety guidelines as set out by the Provincial Health Officer, Dr. Bonnie Henry. Implementation may vary slightly to district to district as they meet their individual needs.

Please bring your safety concerns to your site health and safety committee.

The PHO, in collaboration with health authorities, will oversee all outbreaks as they have been doing. Their response will vary depending on how the person contracted COVID-19. The public health team will do contact tracing and the PHO will give direction on what response is needed. This could range from isolation to quarantine depending on the situation. If the rate of community infection rises, the PHO will revise recommendations as needed.

Please bring your safety concerns to your site health and safety committee.

Appropriate PPE must be provided to those who would normally require it, notwithstanding the COVID-19 pandemic. WorkSafeBC guidelines on working under infectious conditions state that employers must develop and implement an exposure control plan. The guidelines also say that workers should know how to select appropriate PPE, how to put it on, and how to take it off. WorkSafeBC includes the following PPE to be used under infectious conditions: gloves, respirators, face shields, gowns, foot covers, and eye protection.

During the announcement about the K-12 Restart, Education Minister Rob Fleming specifically mentioned face shields as well as reusable masks as being available for teachers and support staff working in schools. Districts have been directed by government to provide reusable face masks to staff when requested.

All districts are required to submit their safety plan to the Ministry by August 21. Districts are also required to consult with unions prior to developing their plan. The K-12 Presidents Council has recommended that locals meet with their district now to give input on the safety plan. Many locals have started these meetings and will continue to do so as they work towards the August 21 deadline.

Please bring your safety concerns to your site health and safety committee.

Normally, when a worker files a Work­Safe claim due to an occupational disease, the worker is required to prove that the disease was caused by the workplace. This places an onerous burden on the worker to prove causa­tion, which is often highly controver­sial. However, WorkSafe maintains a list of diseases and industries in which the disease is presumed to be caused by the workplace if the workers work in one of the associated industries. Usually this occurs where scientific evidence establishes that certain occupational diseases occur more commonly in that industry. For example, the list includes a presumption for mesothelioma in industries where there is exposure to airborne asbestos dust. In those cases, the worker does not need to prove that their illness was caused by the workplace in order to access compensation.

WorkSafe has added a presumption that covers any “communicable viral pathogen” that is subject to an order of the Provincial Health Officer, or the subject of a state of emergency. The applicable industries include those where the risk of exposure to the disease is significantly greater than that of the public at large during the times and in the places covered by the Provincial Health Officer’s notice, or the state of emergency. The change means that anyone who contracts one of these diseases—and who works in an industry that is at greater risk of exposure to the disease—does not need to prove that they contracted the disease at the workplace.

The change is not restricted to COVID-19 and would also apply to future epidemics that are the subject of orders from the Provincial Health Officer or subject to a state of emergency.

Normally, changes to the list of pre­sumptions requires 90 days before they come into effect. Bill 23 overrides that time frame and allows the change to come into effect immediately.

In most cases, yes. Workers who contract COVID-19 will be able to claim Workers Compensation as long as they work in an industry that is at greater risk of exposure than the public at large. WorkSafe has not provided any guidance on what types of workplaces will be covered by this description, however, so there remains some uncertainty. In all likelihood, any workplace that includes exposure to the public or larger numbers of people will be covered.

Districts must follow the cleaning guidelines of the BC Centre for Disease Control and the Provincial Health Officer/BC Ministry of Health. This document provides guidance for K-12 schools settings, and it is updated regularly by the government as changes are made. For current and updated information on cleaning and disinfecting for public settings check out this document.

WorkSafeBC has added K-12 Guide­lines to their website. Find these additional resources here.

Parents and others who are permitted to come into schools will be required to follow the safety protocols outlined in the district’s safety plan. These protocols must follow PHO guidelines for safety at all times. CUPE and the K-12 Presidents Council have been advocating that all members of the public, including parents and volun­teers, check in with the school office or call prior to arriving at the school, and that schools limit the number of outside visitors whenever possible.

Please bring your safety concerns to your site health and safety committee.

Other

Districts are required to consult with unions in the district as part of the planning for stage two. Locals are encouraged to contact their districts to start these discussions now.

The Ministry of Education has allocated $45.6 million to schools to be used for various needs including hiring more staff, purchasing masks, and $3 million to support remote learning (including the purchase of devices and software).

We have consistently been told that B.C. is in a good place with public health able to manage transmission. We have also been told by PHO Dr. Bonnie Henry that children transmit the virus at a low level. We have been following the direction of the PHO who stressed that education is essential, and children need to be in school or may face lifelong implications. The Stage 2 protocols have been designed to allow children to return to school safely – safety being paramount.

CUPE advocated for funding to hire additional staff and the government has allocated $23 million to immediately hire additional qualified custodians to fulfill the cleaning requirements in schools. BCCDC’s requirements include general cleaning and disinfecting of the premises at least once every 24-hours (includes items like an individual desk and locker that only a single student uses); cleaning and disinfecting frequently touched surfaces at least twice every 24 hours (e.g. door knobs, light switches, toilet handles, tables, desks and chairs used by multiple students, keyboards and toys); and cleaning every surface that is visibly dirty.

Yes. CUPE and the BCTF both sit on the steering committee and we support each other. We are all in this together.

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