Thread by @ZiadFazel

#COVID19AB Critical Worker Isolation Exemption 🧵
New York State v Alberta

I wanted to build on the fine work by Health Law experts @UbakaOgbogu and @Lorian_H, mainly from the angle of occupational health & safety.

A comparison with New York State's guidance is interesting...

https://twitter.com/UbakaOgbogu/status/1480882080615526400

Since the Alberta government loves to compare its COVID-19 performance to worst-affected jurisdictions on earth (eg USA), or New York City Schools for reopening, it's only fair to compare:

/c @imgrund

New York State

coronavirus.health.ny.gov/system/files/d…

Alberta

open.alberta.ca/dataset/f7c661…

What is a Critical Worker?

NY at least provides a (long!) list of Industries & Work that could shorten the Isolation of sick workers.

Alberta: totally up to the employer.

I don't think people realize just how broadly Alberta's order can be applied, even beyond New York's.

Evidence-based Decision-Making

NY provides a full explanation for their rationale, including links and a list of references.

AB CMOH is essentially "Because I said so".

Policy Administration at its very best.😡

"..I have the authority to take whatever step s that are, IN MY OPINION, necessary in order to lessen the impact of the public health emergency...I hereby make the following order.." [emphasis mine]

Completely opposite to her spin she only advises; elected officials decide.

I'm not a lawyer, but I understand it is harder to get the Courts to review a LEGISLATIVE decision by ELECTED representatives of the people.

But Dr Hinshaw is a CIVIL SERVANT, applying policy. I think that makes her work subject to Judicial Review under ADMINISTRATIVE LAW.

Vaccination Level for Critical Workers..

..being forced back to work before even 5 days of Isolation.

NY: Fully vaccinated only.

AB: Whatevs, Dude.

3, 2, 1, 0 doses - it's all good. YOLO!

Minimum Period without a Fever

NY: 72 hours

AB: 24 hours

In general, the conditions to be met for an employer to use the Exception, and force a worker back before the required Isolation:

NY: this AND that AND that AND that too.

AB: this OR this OR that
"whenever possible"

Alberta employers are "strongly recommended" to follow this complicated "Risk Hierarchy"
• level of vaccination
• time, type and severity of symptoms
• status of every PCR or rapid test

That's a lot of Personal Health Information. What about privacy?

oipc.ab.ca/media/1130973/…

Even if employer has worker's explicit, informed, consent without coercion to Collect/Use/Disclose* all this Personal Health Information:

How are they going to apply it? Do they have the skills to do this?

* Disclose eg. to a Case Manager at an insurer or HR services provider.

Let's say an employer has the following sick workers they are trying to force back to work without even 5 days isolation & rest:
• A has 1 dose, 39º fever, and diarrhea
• B has 0 doses
• C has 2 doses, 39º fever, and a cough

Who goes back to work? When?

It looks like Alberta wrote the Public Health Order referring to a "Schedule 1", which was done by a different group.

I would be insulting Grade 9 students if I insinuated they had slapped Schedule 1 together.

It goes out of its way to ADD workplace risk, not to REDUCE it.

@sameo416 @SOSAlberta @BarryHunt008 @caruzycki PPE

NY: "consistently and correctly wear a well-fitting face mask, a higher-level mask such as a KN95, or a fit-tested N95 respirator while at work."

AB: Medical mask only.
• This term isn't defined in the Order
• " to enter & exit the building" (ie for show), not continuous

@sameo416 @SOSAlberta @BarryHunt008 @caruzycki Cleaning the air

NY: Not changed by this guidance

AB: Weakened by this Order
"(c) The HVAC system must be functioning properly."

To what standard?

How many air changes per hour (ACH)?

How many litres of fresh air per occupant per second?

Max CO2?

https://twitter.com/FreshAirAB/status/1479935598567723012?s=20

@sameo416 @SOSAlberta @BarryHunt008 @caruzycki "(c) The HVAC system must be functioning properly."

So that must mean:
• if the furnace or boiler stops working
• radiators and their pipes/valves freeze, get blocked, or break
• air intakes or exhaust vents are blocked

The "critical worker" doesn't have to go in to fix it?

@sameo416 @SOSAlberta @BarryHunt008 @caruzycki "in between shifts, rooms are thoroughly sanitized with 70% alcohol."

To what standard? With what process?

This vague recomemndation contradicts and weakens AHS Public Health Recommendations for Environmental Cleaning of Public Facilities.

albertahealthservices.ca/assets/info/pp…

@sameo416 @SOSAlberta @BarryHunt008 @caruzycki Since this Critical Worker Exemption brings sick people into the workplace, why not follow the AHS guidance for healthcare facilities?

albertahealthservices.ca/assets/healthi…

No, the 🤬who wrote Schedule 1 (maybe?) weren't thinking of hand sanitizer.

Mobile devices?

albertahealthservices.ca/assets/healthi…

"if work spaces are shared by critical workers on different shifts, the critical worker from the 1st shift must leave the work space before the critical worker from the 2nd shift arrive.."

So all the virus that 1st shift leaves suspended in air magically/instantly disappears?

Here's Alberta's back door to status quo of workers serving the public - schools, restaurants, retail, everywhere - wearing only BlueLeakies™.

Even if they are unvaccinated, still sick w positive tests, and have symptoms.

For the public: "whenever possible."

@UbakaOgbogu

@UbakaOgbogu @KatyIngraham @gilmcgowan @schill_dawg @Lorian_H @GosiaGasperoPhD @LeylaDAsadi @RajBhardwajMD @jvipondmd @demandsbetter @kasza_leslie If you are going to open up your workplace and serve customers/public with known sick workers, you should get a professional engineer experienced with ASHRAE standards to reduce the risk.

ashrae.org/technical-reso…

For example

ashrae.org/file%20library…

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