The Ministry noted that “test results are considered personal health information” and “they can only be shared by an employee, if the employee wishes to do so” adding that “Ministry guidelines do not state that employees are required to provide a negative test to their employer to come to work.”
They also explained that the “contact tracing team and Environmental Health will conduct a risk assessment on the place of employment,” and the Ministry “will also advise an organization if they have to be closed for a period of time for deep cleaning or if an adjustment to their workplace protocols is recommended.”
“Test Results Are Considered Personal Health Information”
This statement was included in the press release about the test results tonight, which noted that the “Ministry of Health has received a number of questions about when an employer can ask an employee to get tested and if they can or cannot ask for Covid-19 test results from that employee.
“While the Ministry is not in a position to provide legal advice to an employer – each employer should seek his or her own – the public is reminded that test results are considered personal health information,” the statement said.
“They Can Only Be Shared By An Employee”
“As such, they can only be shared by an employee, if the employee wishes to do so. Ministry guidelines do not state that employees are required to provide a negative test to their employer to come to work.
“Will Conduct A Risk Assessment On The Place Of Employment”
“When a confirmed case is identified, the contact tracing team and Environmental Health will conduct a risk assessment on the place of employment. As part of the process, the Ministry of Health teams will be able to identify and isolate people in the organization who have had direct contact with the confirmed case.
“Ministry Of Health Team Will Also Advise An Organization If They Have To Be Closed”
“The Ministry of Health team will also advise an organization if they have to be closed for a period of time for deep cleaning or if an adjustment to their workplace protocols is recommended.
“We are finding that employers are making the decision to close their establishment without being notified by the Health team that they must do so. We recognize it is an employer’s choice to do so but acknowledge, also, these decisions create hardships for many employees.
“In summary, I ask employers and employees, to follow public health guidance as each case, each circumstance is different.“
