Health & Hazards

An Employer’s Duties During the Pandemic

Junaid J. Malik Litigation Lawyer Lawrence, Lawrence, Stevenson LLP

Employers are bound by a general duty to take reasonable steps to protect the health and safety of their staff from workplace hazards. As you will see, the COVID-19 pandemic has made it difficult for employers to fulfill that general duty. Presently, the legislative framework and case law do not provide employers with a clear and universal basis for satisfying the general duty. As such, employers who fail to take active steps—or who take overly active steps—to address pandemic hazards run the risk of endangering their workforce and may be subject to liability and operational closures.

While there may not be a standard answer to address the general duty for all employers, we recommend employers consult with experienced employment law lawyers. This way, the nature of the workplace and their business activities can be assessed on a case-by-case basis, and occupational health and safety (OHS) best practices can be observed.

Despite employers’ general duty, a good starting point is to remember that instituting OHS is not exactly like a onesided tap-dance performance by the employer. Nor is it necessarily a twosided dance, like the tango. Instead, and at the risk of belabouring the dance analogy, instituting OHS is most like a “flashmob” performance which should not conclude. A primary purpose of Ontario’s Occupational Health and Safety Act, RSO 1990, c 0.1, is to facilitate a strong “internal responsibility system” (IRS). IRS means that everyone in the workplace has to play a role in keeping the workplace safe and healthy. For instance, under the Act, employees are required to report hazards or Act contraventions they observe to the employer. Once reported, employers are required to address those situations and also to familiarize their staff with any hazards present in the work they perform.

Employers can begin to address pandemic-related hazards by integrating regional and municipal public health authority guidelines within their IRS. This may take shape through: a. posting the requisite guidelines in the workplace and through broadcast email notifications to the workforce; b. enhancing on-site custodial services through more frequent cleaning and disinfection; c. instituting workplace screening questionnaires; and d. distributing personal protective equipment and hand sanitizer amongst staff.

As we eagerly await a return to a prepandemic life, the gradual distribution of Pandemic vaccines will impose a further complicating factor to employers interested in discharging their general duty. While we suspect most of the general population is interested in getting inoculated when the vaccine is available and accessible, some people may reject the scientific consensus supporting COVID-19 vaccination. Therefore, can an employer require its workforce to get vaccinated, for instance, once Ontario is in “Phase III” distribution where vaccines will be made available to the general population? This question triggers various competing interests beyond OHS and the employer’s general duty, namely, privacy interests, human rights, and constitutional rights.

At present, the legislature and the courts have not answered the above question. And while an argument could be made that an employer may be permitted to require its workforce to get vaccinated in very certain situations, applying that argument as a general standard could very well lead to inadvertent liability because of the competing employee rights and interests at stake.

Nevertheless, and as previously stated, we recommend employers consult with experienced employment law counsel to ensure that they are taking active steps to discharge the general duty and avoid any other risks of liability caused by the pandemic. An experienced employment lawyer would also take into account the risks of an overly aggressive OHS response initiative.

OHS IS NOT LIKE A ONE-SIDED TAP-DANCE PERFORMANCE BY THE EMPLOYER.

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BACK-TO-BASICS

For Business-to-Business Marketing

By Matthew Bradford

It takes more than a sturdy name and solid reputation to generate business. And while business-to-business (B2B) marketing is a sure-fire strategy, it can also be hard to break through the noise.

No doubt, getting the attention of potential customers can be tricky — especially in the days of social distancing, contact-free communications, and industry-wide challenges. This is as true for the wood manufacturing community as it is for any other.

The upside is there are ample B2B channels and online resources that can help get your name to the top.

CONTENT MARKETING

Content marketing (aka inbound marketing or sponsored content) means creating engaging and informative content that positions your company as a specialist in its field. For wood manufacturers, this could be blogs discussing the various benefits of using wood over other materials for kitchen cabinetry, articles explaining manufacturing techniques, or videos that narrow in on specific industry issues.

“In content marketing, the content is the ad,” says Brian Rotsztein, President of the Canadian Internet Marketing Association. “Great reviews, informative videos, positive interactions on social

media platforms, and other types of content all come together to promote brand awareness and make your company look trustworthy.”

“People want to buy from genuine sources,” he adds.

EMAIL MARKETING

When it comes to B2B marketing, don’t discount the classics. Email marketing has been an effective tool for businesses of all stripes for several decades. Granted, this technique has been abused by marketers over the year, but it can still be impactful with the right approach.

“The key is getting your name and story in front of these retailers, designers, and anyone who actually makes the actual product orders,” says Trevor Stewart, founder and CEO of Lets Get Optimized. “Your message could be something as simple as ‘Hey, we’re a small or medium company that’s making a smash in the industry’ or “Here are a few clients that have moved over to our new product line,’ followed by product images that sell themselves.”

The idea, he says, is to break through the inbox clutter by telling your story and what makes you different.

Adds Rotsztein: “Email as an ongoing tactic tends to be useful because you can tailor it to new and old customers and potential buyers. Just make sure that email newsletters add value and don’t waste people’s time.”

SOCIAL MEDIA

Twitter, Facebook, Linkedin, Instagram ... The list of potential social media platforms is long, and each offers a unique opportunity to connect directly with potential customers. First, you need to give followers a reason to stop scrolling and see what you have to say.

“Don’t treat people on social media platforms as individuals who are there to be marketed to. Social media is about communication, not marketing, so treat them like friends who you’re trying to help, not as dollar signs,” says Rotsztein.

YouTube and Pinterest are also part of the ‘social media’ mix. And while you may think buyers in the woodworking space aren’t on these platforms, think again.

“YouTube and Pinterest may not be where your customers are shopping for new wood manufacturers, but the people behind those decisions are still people who like to watch videos on and get ideas from those platforms,” says Brent Clifford, Manager Partner with OKD Marketing.

PROGRAMMATIC ADVERTISING

Programmatic advertising is the technique of using data analytics to “track” where your potential customers are looking online and placing your messaging/ads in those exact locations.

“We have access to so much data right now, and that means access to a wealth of customer insights,” says Harikrishna Govindarajan, Programmatic Campaign Manager with MediaEdge. “When you can use that data to find where your prospects are online, what content they’re consuming, and how often they’re consuming it, that’s when you can create targeted campaigns that put your company in direct view of the people who are most likely to react.”

SEO

Search Engine Optimization (SEO) means spending time and effort to ensure your company is among the first thing people see when searching online for related products and services. But while there’s value in being seen, try not to outshine your potential buyers.

“If you’re trying to sell to the same sellers you’re outranking, they may feel like you’re trying to dominate their space, and that may not go down well,” notes Stewart. “SEO optimization is valuable, but like everything else, you need a strategy.”

MAKING IT STICK

B2B marketing can move the needle for any business. The key is being consistent, having a strategy, and knowing your audience.

“You need to clearly define your target audience so you aren’t wasting any of your budget,” says Clifford. “Figure out who they are, where they are, what they like, and what they do online, and then you can build a very targeted and efficient marketing strategy to reach them.”

Rotszein adds that the B2B journey can take many paths, but the trick is to look at the big picture: “Email, social media, and content marketing are all tactical options that work together, but only use what makes sense for your specific strategy.”

SOCIAL MEDIA IS ABOUT COMMUNICATION, NOT MARKETING, SO TREAT THEM LIKE FRIENDS WHO YOU’RE TRYING TO HELP, NOT AS DOLLAR SIGNS.