COVID-19 Vaccination Policy
1. POLICY
Insight Productions Ltd., including its subsidiaries and affiliates (collectively, “Insight”), is committed to taking every reasonable precaution to protect the health and safety of workers, including from the hazard of COVID-19. This Policy is intended to maximize COVID-19 Vaccination rates within the workplace as one of the control measures for the hazard of COVID-19. Insight is also committed to complying with all applicable health and safety, human rights, privacy, and other laws. This Policy reflects that commitment.
2. SCOPE AND APPLICABILITY
This Policy applies to all of Insight’s employees and contractors.
3. DEFINITIONS
“Company Business” means all business activities related to Insight’s operations, whether conducted on or off of Company Premises. It does not include work performed remotely from the Covered Individual’s own home.
“Company Premises” includes, but is not restricted to, all land, property, structures, installations, vehicles or equipment owned, leased, operated, used, or otherwise controlled by Insight or related companies for the purpose of conducting Company Business, including but not limited to sets or other production locations. It does not include a Covered Individual’s own home.
“Covered Individuals” includes all of Insight’s employees and contractors.
“COVID-19” is the disease caused by SARS-CoV-2, a highly contagious virus that is known to affect most people.
“Vaccine(s)” refers to a vaccine approved by Health Canada for use in Canada in relation to COVID-19.
“Vaccination” refers to the administration of a Vaccine(s) to protect individuals from COVID-19. It may include the administration of one or more doses of Vaccine.
“Vaccinated” refers to having received all required doses of Vaccine recommended or required to produce an immune response to COVID-19.
4. VACCINATION
a) Insight Recommends Vaccination for all Covered Individuals
The Employer encourages voluntary COVID-19 Vaccination for all Covered Individuals who may safely receive the Vaccine. Anyone with questions regarding the benefits, risks and precautions for Vaccines should speak with their treating healthcare professional.
Insight will help Covered Individuals become Vaccinated by providing information on where and how to receive a vaccine and unpaid leave of up to eight (8) hours to obtain a vaccine, subject to advance notice, consent to disclosure, and provision of written proof of vaccination.
Insight reserves the right to encourage Vaccination appointments outside of work hours where possible and deny leave for vaccination during critical work periods. Employees who are Vaccinated outside of their regular work time are not paid for this time.
Insight requires all Covered Individuals who wish or who are required to access Company Premises to either (i) provide proof of Vaccination, or (ii) comply with the testing requirements under the applicable COVID Management Plan.
b) Insight May Require Vaccination in Certain Situations
Subject to applicable law, Insight may require Covered Individuals or groups of Covered Individuals be subject to mandatory Vaccination following a health and safety risk assessment. The assessment will consider factors such as, but not limited to, the frequency and/or probability of exposure to COVID-19 arising from the nature of work performed, the possible consequences of exposure to COVID-19 to the individual and others, and the availability and effectiveness of other controls and precautions to minimize or eliminate the hazard of COVID-19.
Covered Individuals who Insight requires to be Vaccinated as a condition of employment and who do not voluntarily agree to being Vaccinated, or who cannot be Vaccinated due to a disability, religious, or other protected ground under human rights legislation, may, subject to applicable law, be subject to other health and safety measures when engaged in Company Business or on Company Premises, including, without limitation, remote work, redeployment to a different position or location, modified duties, customized workplace arrangements, and/or a temporary unpaid leave of absence as required. Insight requires reasonable proof of the existence of a protected ground under human rights legislation.
c) Health and Safety Requirements for Vaccinated and Unvaccinated Individuals
Unless a regulatory or other legislated exemption applies, regardless of Vaccination status, all Covered Individuals are expected and required to comply with applicable health and safety measures to reduce the hazard of COVID-19, which may include but not be limited to, the wearing of a mask or face covering, maintaining appropriate physical distancing when on Company Premises or otherwise engaged in Company Business, and staying away from the workplace and co-workers if COVID-19 symptoms arise. Please refer to the Producer’s COVID-19 Management Plan for further information on applicable health and safety measures.
Where regulatory or other legislation distinguish based on Vaccination status, Insight may, subject to applicable laws, exempt Vaccinated Covered Individuals from certain health and safety measures. Exempted individuals will be notified in writing of these exemptions. Exemptions may be amended at the discretion of the Company.
For clarity, subject to applicable law, Insight may require any Covered Individual to work from Company Premises regardless of their vaccination status or the vaccination status of others in the workplace.
5. ACCOMMODATION
a) Accommodation for Covered Individuals Who Cannot Be Vaccinated
Insight is committed to a workplace free from discrimination and harassment in accordance with Canadian human rights laws. Insight will accommodate Covered Individuals on the basis of protected human rights grounds up to the point of undue hardship.
Covered Individuals seeking accommodation are required by law to participate in the accommodation process, including, but not limited, to providing information to establish the existence of a protected grounds and related restrictions. To discuss accommodation, eligible Covered Individuals should contact Alex Kitz (VP, Legal and Business Affairs), akitz@insighttv.com.
b) Accommodation of Side Effects
It is common to have mild and harmless side effects after vaccination. Serious adverse reactions to Vaccines are rare. If a Covered Individual experiences a reaction related to their Vaccination that prevents them from performing the essential duties of their job, they may be entitled to accommodation. Subject to applicable law and collective agreement rules, Insight may require reasonable proof to establish entitlement.
The Covered Individuals who are Vaccinated and experience illness or injury as a result may also be eligible for workers’ compensation and/or for government relief.
6. PRIVACY
a) The Purposes of the Collection, Use and Disclosure of Vaccination Status Information
Vaccination status information, including Vaccine type, and the date, time, and location for each Vaccine dosage, will be collected, used and disclosed pursuant to Insight’s Privacy Policy, the terms of this Policy, the Personal Information Protection and Electronic Documents Act (“PIPEDA”) and other applicable privacy legislation. It will only be collected, used and disclosed as required for the reasonable purpose of:
1. taking all reasonable precautions to ensure the health and safety of everyone in the workplace through appropriate health and safety planning based on Vaccination status;
2. limited disclosure to Insight’s production partners as required by the terms of the service relationship or when determined to be necessary by Insight; and
3. administering this Policy.
Moreover, the Company will collect vaccination status information in order to determine eligibility for vaccination-related entitlements as provided for under this Policy.
b)The Terms of the Collection, Use and Disclosure of Vaccination Status Information
The collection, use or disclosure of this information will be based on the following terms:
1.Covered Individuals who are expected and/or volunteer to disclose their vaccination status to theCompany on a proactive and ongoing basis or otherwise as directed in accordance with this Policy andwill be asked to execute their written consent;
2.Covered Individuals who refuse to disclose their vaccination status in accordance with this Policy maybe subject to certain health and safety measures, including without limitation, remote work,redeployment to a different position or location, modified duties, customized workplace arrangements,and/or a temporary unpaid leave of absence as required;
3.Covered Individuals who have completed a consent form will be asked to provide a copy of theircertificate of vaccination or other appropriate alternative documentation so that Insight can confirm theirvaccination status and record essential information;
4.Insight will keep confidential all Covered Individuals’ vaccination status and underlying medicalcondition (if this is also disclosed), in accordance with PIPEDA, this Policy, Insight’s Privacy Policyand applicable privacy and health laws. Specifically, this information will only be shared and accessedon a need-to-know basis by Insight, solely for the purposes outlined above, or to comply with a legalorder to disclose the information;
5.The information will be securely stored and maintained by Insight in a separate file. Depending on theirjurisdiction, Covered Individuals may exercise their access and rectification rights as set out in Insight’sPrivacy Policy and as required under applicable privacy legislation; and
6.This information will only be retained for the duration of the employment or service relationship orcompletion of production, as applicable, and will be destroyed thereafter (if not earlier).
7. RESPONSIBILITIES
The senior management of Insight are responsible for the administration of this Policy in accordance with applicable law. Covered Individuals are responsible for compliance with this Policy, and shall comply with all applicable legal obligations in doing so, including with respect to public health measures such as physical distancing, wearing a mask, and staying home if they are sick.
8. AMENDMENTS
Insight will review this policy and update it as required.
9. REVIEW AND APPROVAL
This Policy has been reviewed and approved by Rahmiel Rothenberg on September 22, 2021.
Insight Productions Ltd., including its subsidiaries and affiliates (collectively, “Insight”), is committed to taking every reasonable precaution to protect the health and safety of workers, including from the hazard of COVID-19. This Policy is intended to maximize COVID-19 Vaccination rates within the workplace as one of the control measures for the hazard of COVID-19. Insight is also committed to complying with all applicable health and safety, human rights, privacy, and other laws. This Policy reflects that commitment.