Current workplace health measures

On May 4, the Commission des normes du travail, de l'équité, de la santé et de la sécurité du travail (CNESST) announced that wearing a mask indoors will no longer be mandatory in most workplaces as of May 14, with the exception of public transit and healthcare facilities.

However, according to the CNESST, masks are still recommended in certain situations – e.g., when interacting with people at risk or during tasks requiring the gathering of multiple people in a confined space. The CNESST also recommends that dedicated workspaces be provided for people at risk, such as individuals with chronic illnesses or immunosuppressed individuals. In addition, the cleaning of shared tools and equipment is now optional unless visibly soiled. Symptomatic employees, and those tested positive for COVID-19, should continue to be excluded from the workplace. Employers can continue to request that basic hygiene measures be followed, such as frequent hand washing and compliance with respiratory etiquette.

It should be noted that other COVID-19 workplace measures have already being lifted, such as maintaining a minimum distance of one metre, as well as physical barriers – although these remain recommended.

Can employers continue asking employees to wear a mask at work?

The CNESST’s current position is that due to their management rights, employers can make the decision to require their employees to wear a mask when on the job, especially when circumstances justify wearing a mask (e.g., an important number of outbreaks in the workplace since the beginning of the pandemic, the inability to maintain physical distancing, or an elevated level of risk of transmission). It is important to note that an employer’s obligation to take the necessary measures to protect the health, safety and physical well-being of its employees persists. However, employers should be mindful that if and when the spread of COVID-19 significantly declines, a company’s mandatory mask policy may no longer be considered reasonable.

That being said, employers who decide to put in place a mandatory masking policy still have a duty to accommodate employees who, for some particular reason, are unable to wear a mask. This will be the case if, for example, an employee refuses to wear a mask because of a documented disability or medical condition. Employees who refuse to wear a mask in the workplace may be subject to disciplinary measures by employers that continue to enforce mandatory mask policies, even if the Government of Québec’s masking requirements have come to an end.

On the other hand, employees are allowed to continue wearing their mask should they wish to do so, even if the indoor mask mandate has been lifted and their employer has decided that masks are no longer required in their workplace. For example, employees with chronic illnesses or immunosuppressed individuals may wish to continue wearing a mask at work. In such cases, no disciplinary measures could be imposed on employees who choose to continue wearing a mask for protection even if there is no government mask mandate or company policy requiring it.

As the COVID-19 situation continues to evolve and new variants may emerge, the information contained in this insight may be subject to change. We continue to monitor the situation closely. If you have any questions or require additional information, please reach out to Arianne Bouchard, Camille Paradis-Loiselle, or any member of our Employment and Labour group.