I am employed In Alberta and just came in for my shift and have been told I must go for a rapid Covid test or will be

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Customer: Hello. I am employed In Alberta and just came in for my shift and have been told I must go for a rapid Covid test or will be sent home without pay until I can provide a negative test. I am also going to be required to get tested 3 times a week. What are my options?
JA: Hi. Have you discussed the disciplinary action with a manager or HR? Or with a lawyer?
Customer: Nope
JA: Are you an "at will" employee? Do you belong to a union?
Customer: At will. No union
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I had no for warning and had this dropped on my lap and no representation only my team lead telling me what I have to do
Answered by RajenA217 in 31 mins 1 year ago
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RajenA217
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RajenA217, Expert

Hi there, my name is ***** ***** I'm a lawyer in Ontario.  I would be happy to answer your question.  My first question, is what industry you are in?  Does your employer have a workplace policy for covid testing?

Customer
I work in Oil and gas sector in Fort McMurray. I have not signed any official Covid policy form for testing
Customer
Only reporting symptoms
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RajenA217, Expert

Employers more latitude with mandatory testing than with vaccinations. The federal government and some provincial or territorial governments have mandated COVID testing in certain circumstances. There is a balancing of interests approach which applies to assess the reasonableness of COVID-19 testing policies.

Customer
That is pretty vague. I am looking for answers for my situation. Alberta resident employed by a Canadian Company in Alberta. 9 year employee. No signed consent form
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RajenA217, Expert

Are you sure that there has been no workplace policy that has been communicated to you?

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RajenA217, Expert

Whether your employer has been reasonable in their approach to testing in Alberta will depend on the following 5 factors:

Collective Agreement Language. If your workplace is unionized, the specific language of the applicable collective bargaining agreement. For example, many collective agreements in the healthcare sector include vaccination language.

Nature of Workplace. The nature of the workplace, such as a remote or isolated locale, making access to medical care difficult if there were an outbreak on site, or the ability or inability of employees to work from home.

Vulnerable Populations. The degree of contact your employees have with populations that are particularly vulnerable to COVID-19, such as elderly, medically compromised, or Indigenous peoples.

Employee Proximity. Whether the work environment requires employees to work with others in close proximity or confined spaces, heightening the risk of spread if an employee contracts COVID-19.

Essential Service. Whether your employees are providing a service that the federal or relevant provincial government has deemed to be “essential”.

Customer
Proximity is a factor. Situations arise for need of close contact with contractors and a small group of the same co workers.
Customer
As for policy, nothing that I would have signed since Covid happened
Customer
I have signed a form for D and A testing if involved in an incident s at work or suspected intoxication
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RajenA217, Expert

Yes you wouldn't necessarily have to consent to covid testing as this can be mandated by your employer.  If you are working in close proximity with others its likely that the covid testing measures they have put in place will be deemed reasonable.

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