Trucking Remains an Essential Service During Declaration of Second Provincial Emergency

In response to a doubling in COVID-19 cases over the past two weeks, the Ontario government, in consultation with the Chief Medical Officer of Health and other health experts, is immediately declaring a second provincial emergency under s 7.0.1 (1) of the Emergency Management and Civil Protection Act (EMPCA).

Effective Thursday, January 14, 2021 at 12:01 a.m., the government is issuing a stay-at-home order requiring everyone to remain at home with exceptions for essential purposes, such as going to the grocery store or pharmacy, accessing health care services, for exercise or for essential work.

Trucking remains classified as an essential service and trucking companies are able to continue to operate as they did during the first emergency declaration during the first wave in 2020.

The government will also enact the following additional public health measures:

  • Outdoor organized public gatherings and social gatherings are further restricted to a limit of five people with limited exceptions. This is consistent with the rules during the lockdown during the first wave of COVID-19 in spring 2020 and will allow individuals and families to enjoy time outdoors safely.
  • Individuals are required to wear a mask or face covering in the indoor areas of businesses or organizations that are open. Wearing a mask or face covering is now recommended outdoors when you can’t physically distance more than two metres.
  • All non-essential retail stores, including hardware stores, alcohol retailers, and those offering curbside pickup or delivery, must open no earlier than 7 a.m. and close no later than 8 p.m. The restricted hours of operation do not apply to stores that primarily sell food, pharmacies, gas stations, convenience stores, and restaurants for takeout or delivery.
  • Non-essential construction is further restricted, including below-grade construction, exempting survey.

These measures will come into effect between Tuesday January 12, 2021 and Thursday, January 14, 2021, including the provincial declaration of emergency under the EMCPA, orders under that Act, and amendments to regulations under the Reopening Ontario (A Flexible Response to COVID-19) Act, 2020.

As trucking companies will continue to operate, carriers should also be aware that the Ministry of Labour, Training and Skills Development is taking additional steps to protect workers with the launch of the “Stay Safe All Day” campaign, focusing workplace inspections in areas of high transmission, including break rooms, and providing new educational materials to employers.

Evidence gathered from COVID-19 related workplace inspections to date shows the vast majority of employers and workers are following COVID-19 safety requirements when working. However, when in a break room, a vehicle or not on the clock, there is a tendency to forget about the importance of wearing masks, maintaining physical distance and hand hygiene.

As part of the “Stay Safe All Day” campaign, inspectors will use a data-driven approach to focus on workplaces with reported COVID-19 outbreaks, manufacturing businesses, warehouses, distribution centres, food processing operations, construction projects and publicly accessible workplaces deemed essential, such as grocery stores.

Carriers are advised to ensure these new rules are respected in their workplace.

Detailed documents that outline the extent of essential services are expected to be released Thursday. OTA will provide an update on these documents as well any impacts the declaration of the emergency may have on other trucking regulatory issues.