We are facing extremely challenging times not only personally but in our industry as a whole.  In the spirit of providing up-to-date, useful information, we would like to apprise you of some developments specific to a recent decision put out by the Workers’ Compensation Board of British Columbia and the recent acceptance of a cabin crew member’s claim for COVID-19 contraction at work.

Background
A cabin crew member applied for compensation for contracting coronavirus (COVID-19).

WorksafeBC accepted the claim under Section 136 of the Workers’ Compensation Act.

Air Canada requested a review of the decision submitting that the worker’s illness was not caused by their employment.  The company provided evidence that the risk of transmission is relatively low.  The crew member, represented by CUPE, submitted that they contracted the illness on one of the flights they were operating. All submissions were disclosed in accordance with the Review Division Practices and Procedures.

Issue
The issue under review was whether the worker’s claim for COVID-19 should be accepted.

Reasons & Decision
Based on the available information on the claim, the Board found that the evidence supports that the nature of the employment did create a significantly greater risk of contracting COVID-19 than that in the public at large and that the “work” was of causative significance in contracting the disease.

Air Canada submitted that personal protective equipment including gloves, mask and hand sanitizer were provided as of March 17, 2020, as part of the multi-layered strategy to protect crew members against coronavirus along with a study from the Journal of American Medical Association which concluded that the risk of exposure and transmission of COVID-19 in air travel is low. The crew member provided evidence that an N95 mask was not available prior to March 22, 2020, although it appears that surgical masks were provided, the evidence provided showed that masks were not mandatory.

The Board maintained it was satisfied that the nature of the crew member’s employment created a risk of contracting COVID-19 significantly greater than the ordinary exposure risk of the public at large. The Board was unable to place significant weight on the study provided by Air Canada as it suggests the risk of transmission on flights is low, as it only considered the risk of transmission from one passenger to another.  The study did not address the risk to cabin crew members who would be in contact with many passengers and move throughout the aircraft.

The Board determined that it was not necessary to determine exactly how or from whom the worker caught COVID-19 as Policy item C4-28.00 states “that a worker with a contagious disease need not name a contact and circumstantial evidence can be considered”.  The evidence supports that the worker had exposure to person(s) with COVID-19 on at least one lengthy flight.

WorksafeBC accepted the claim and found that the worker was exposed to COVID-19 at work and that the nature of the work was such that the exposure risk was significantly greater than that of the general public at the time.  WorksafeBC concluded that it is at least “likely” that the worker’s employment was of causative significance in the development of COVID-19.

This resulted in a denial of Air Canada’s request to reverse the decision and a WIN for our member. Therefore, the review board sided with the worker and Approval of the claim stands. It is always a pleasure when we are able to share good news with you.  Please continue to take care of yourselves and each other.

Click HERE to view the publicly rendered decision.

In Solidarity,

Your Component Workers’ Compensation Committee

Airlines and unions urge cooperation as federal government considers potential new measures to reduce air travel

Flights and passenger traffic have already dropped by 90% from pre-pandemic levels

Government should consider science and data and consult with industry and unions before further action to avoid unintended consequences

January 22, 2021/OTTAWA – Canada’s largest airline industry association and the unions representing more than 325,000 Canadian workers today urged the federal government to consult with them before it enacts new measures to reduce travel.

Airline passenger traffic has dropped precipitously since the onset of the pandemic. As of November 2020, international arrivals had dropped a staggering 93%. With already dramatically reduced passenger traffic, Canada’s airlines have attempted to continue essential operations with unpredictable to non-existent revenues. Tens of thousands of airline employees have already lost their jobs and direct financial aid from the government has not yet materialized.

In a joint letter, NACC and union leaders urged Cabinet members to collaborate with industry. “Over the course of the pandemic, industry, labour, and government have for the most part worked effectively to implement a myriad of new regulations designed to continue to protect employee, passenger and public health,” said Mike McNaney, President & CEO, National Airlines Council of Canada. “Airlines and airline workers are the front-line implementors of these policy changes. We need to work together to ensure an effective outcome for all involved.”

“Throughout this pandemic, each one of our unions has advocated for public and passenger safety,” said Tim Perry, ALPA Canada President. “Today is no different, as we seek to work with the government on a path forward with continued safe operation, based on a robust science- and data-based testing regime for quarantine measures and any additional restrictions.”

To date, less than 2% of all cases reported in Canada are from those who travelled outside of the country. Since September, cases associated with international travel have represented 1$ or less. Health agencies in Canada and globally have also publicly recognized the low risk of transmission onboard aircraft, including for international travel.

“The federal government has acknowledged the importance of our sector as we continue to connect Canada to the rest of the world for key goods and services – such as PPE, vaccines and ongoing items – and to ensure that same flow within our borders,” said Rob Giguere, CEO, ACPA. “While passenger volumes remain very depressed, for those routes that continue to operate, our pilots are often flying aircraft bellies full of cargo, representing a vital element of our continued supply chain.”

“While further travel restrictions are being considered, the message from airline workers remains clear, government financial aid for our devastated industry is long overdue,” said Jerry Dias, Unifor National President. “With a 90% drop in traffic, our airlines have been burning through cash, and we still have not seen aid anywhere near what other international carriers have received. Canada needs to act urgently on this front.”

“We need to ensure that we avoid even further job losses that will be caused by additional travel restrictions,” said Wesley Lesosky, Component President, Air Canada Component of CUPE & President, Airline Division of CUPE. “We support well considered safety measures, but we also need to ensure Canada’s aviation industry is positioned for eventual recovery, to provide hope to the tens of thousands of aviation employees who have lost their livelihood.”

NACC and the unions representing aviation workers support a fulsome testing strategy that draws from procedures in other countries as well as the ongoing work of the International Civil Aviation Organization as it continues to develop global best practices in conjunction with leading member countries, including Canada.

“For nearly a year, airlines have adapted quickly throughout this global crisis,” said NACC’s McNaney. “We want to work with government as a partner, as measures are being discussed, to assure effective implementation and avoid unintended consequences. The recently introduced pre-departure testing regime placed a great deal of strain on our industry as we sought to implement the new requirements in the span of one week, working with officials at a feverish pace to develop the necessary regulations and guidance material.”

ACPA | ALPA | UNIFOR | CUPE | NACC