Hi D-D,
This particular subject has plagued me since the GFSI was introduced to the US a number of years ago - I even tried to reopen this subject a week or so ago as I know this is one of the most senstitive areas for US to fully comply. It seems to have boiled down to an employer having to weigh the risk of crossing the line of privacy in
order to fully comply to an auditing scheme. I went through the BRC certification with two different food companies (3 different auditing bodies) - neither of which did we meet the BRC requirement for Medical Screening. We risk assessed the clause citing the HIPPA law restrictions concerning the release of medical information, and then demonstrated control of that clause requirement through training and enforcing 21CFR110 (cGMP):
"(a)Disease control. Any person who, by medical examination or supervisory observation, is shown to have, or appears to have, an illness, open lesion, including boils, sores, or infected wounds, or any other abnormal source of microbial contamination by which there is a reasonable possibility of food, food-contact surfaces, or food-packaging materials becoming contaminated, shall be excluded from any operations which may be expected to result in such contamination until the condition is corrected. Personnel shall be instructed to report such health conditions to their supervisors."
For this to work effectively, the company has to prove that it can help the employees comply with this regulations by way of maintaining confidentiality as well as providing work that would keep them out of the areas where contamination would occur. During orientation/induction, I used to phrase it along the lines of "we're not going to force you to stay home, unless you have a highly communicable virus that could affect your fellow employees. Maybe you'll have to watch paint dry for a few days, but you'll still be able to work and get paid - just know that the safety of our consumers has to be protected and we will work with you". It usually got a chuckle, and I also saw that be successful. If employees think that their paycheck is going to be impacted, they're not going to voluntarily comply. That's human nature.
I'm not as familiar with the implications in Canada, so unfortunately it more than likely means that you have some investigating to do. Recognize the requirement you are addressing, familiarize yourself with the privacy laws, risk assess whether you can achieve control through training and putting the onus on the employees to be responsible for reporting their illnesses, and then support them.
A quick Google search:
Canada Privacy Act
http://www.priv.gc.c..._07_01_01_e.asp
Canadian Human Rights Commission
http://www.chrc-ccdp.../page3-eng.aspx
I wish you the best of luck with this, and I hope that you check back in and let us know how you proceeded.
Thanks,
Chris Domenico