New health orders frustrate businesses

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This article was published 03/09/2021 (1603 days ago), so information in it may no longer be current.

There’s a problem with the new public health orders that come into effect today.

While patrons wishing to dine at their favourite restaurant, work out in a fitness centre, attend a hockey game or go to a movie are required to prove they are double vaccinated by the province in order to enter the facility, staff are not required, as they don’t fall under the government’s mandatory vaccination program for public servants.

“These orders do not require employees to provide proof of vaccine status. Mask use is required,” Dr. Brent Roussin, the province’s chief public health officer, said at a press conference Thursday, one day ahead of the latest set of public health orders.

“There’s going to be a high level of vaccine uptake just because all patrons will be required to show proof of vaccination. We still encourage all employers to consider requiring their employees to prove their vaccine status, but it’s not required under these orders,” he said.

The new orders will enable businesses, services and events to be held without capacity limits or public health restrictions, the government stated in a release.

And that’s where the problem lies.

“Unless the government comes out and says in public health orders, as they did with public health employees and teachers, that businesses must have their people double vaxxed, we’re open to a number of potential lawsuits,” Brandon Chamber of Commerce president Barry Cooper said.

He said there are a lot of grey areas.

“We’ve talked to a number of lawyers on this, and there’s varying opinions.”

There’s a lot of concern around this, according to Cooper.

“It’s hard enough finding staff. Some restaurants are only open three days a week. Some restaurants are open during a certain number of peak hours. They can’t find enough staff.”

With the new orders, Cooper said people may be frustrated coming to a business and possibly take their frustrations out on front-line staff.

“It’s been said a lot of times, but people really need to dig deep and find some kindness in this to the people they’re interacting with.”

Front-line staff aren’t making those rules but they’re being legally asked to enforce them, he pointed out.

“Verification takes time, and it also costs the business to implement them (the new rules).”

Staff are just following the rules of their job, he noted.

“Businesses hate uncertainty. Businesses don’t want to enforce something that isn’t legal, and so right now, there’s a lot of questions being asked, but no one’s really sure about the answers.”

Businesses having to enforce the latest round of restrictions are between a rock and a hard place, he pointed out.

“We have a responsibility to provide a safe workplace, but we don’t have the right to ask individuals about their personal medical history.”

He said at this moment, each business has the right and responsibility to make that decision for themselves.

“It’s still very much a moving target,” he said.

Manitoba Restaurant and FoodServices Association executive director and CEO Shaun Jeffrey said his organization got some legal advice and drafted a sample vaccination policy to help the organization’s members with the latest set of rules.

A template was drafted and sent to members suggesting it was something for them to have in place, specific to their operation.

“But it’s a template so you can have that policy in place, whatever the requirements,” Jeffrey said.

“Obviously our industry is broke. They can’t afford several thousand dollars on a lawyer to draft one of these up. When we sent it out, it was requested that ‘you do as you see fit for your business and have your own lawyer look at it.’”

Jeffrey is optimistic, however, that most restaurants have staff who are fully vaccinated.

“A good percentage of restaurants I’ve talked to had a very good vaccination rate,” he said.

“When you see government modelling from the fourth wave, look at the worst-case numbers. They show potential where we could be back in a situation of closures. Nobody in business wants to see that,” Cooper said.

The new public health orders came into effect at 12:01 a.m. today. A grace period with some exceptions for some sectors was extended to Sept. 7, the province stated.

The new orders include reducing the maximum number of people allowed at indoor gatherings to 500, down from the current limit of 1,500.

This will take effect on Tuesday and includes summer fairs and festivals.

Fairs and festivals will be allowed to operate above that limit, subject to protocols approved by public health, a release from the province stated.

Wedding receptions held in licensed premises will be subject to the same rules as restaurants and licensed premises, and guests will have to show proof of vaccination.

There will be a grace period to Sept. 7 to allow individuals to adjust their plans. Also on Sept. 7, food courts will be required to comply with the same rules as restaurants for dine-in patrons and require proof of vaccination if they choose to open for options other than takeout.

The province has developed new requirements for people to show proof of vaccination to participate in certain events and activities.

The following changes have been previously announced, and take effect today for all health regions:

• indoor and outdoor ticketed sporting events and concerts;

• indoor theatre/dance/symphony events;

• restaurants (indoor and patio dining);

• nightclubs and all other licensed premises;

• casinos, bingo halls and VLT lounges;

• movie theatres;

• fitness centres, gyms and indoor sporting and recreational facilities (excluding youth recreational sport); and

• organized indoor group recreational classes and activities, and indoor recreational business.

Children born after Dec. 31, 2009 who are not eligible to be immunized will be able to attend events and activities with a fully immunized adult.

» kkielley@brandonsun.com