Transport Canada issued a safety bulletin providing an updated guidance on the mobility of asymptomatic, presumed non-COVID-19 carrying seafarers, during the COVID-19 pandemic.
‘Asymptomatic, presumed non-COVID-19 carrying’ refers to a seafarer who:
- has not tested positive for COVID-19;
- is not exhibiting any COVID-19 signs or symptoms;
- has not been in close contact in the past 14 days with anyone suspected of/confirmed as having COVID-19;
- nor is awaiting test results themselves from having been tested for COVID-19 in the past 14 days.
Crew changes
-International
Pursuant to the:
- Minimizing the Risk of Exposure to COVID-19 in Canada Order (Prohibition of Entry into Canada from any Country other than the United States); and
- Minimizing the Risk of Exposure to COVID-19 in Canada Order (Prohibition of Entry into Canada from the United States),
Seafarers who have to travel to Canada to perform their duties, are allowed to enter Canada and board an international flight destined to Canada.
Note that no traveller can board a flight/enter Canada if they have signs and symptoms of COVID-19, including a fever and cough or a fever and difficulty breathing, or if they know they have COVID-19, or if they have reasonable grounds to suspect they have COVID-19.
Similarly, crews on foreign vessels in Canada, who must disembark to return home, must not have reasonable grounds to suspect they have COVID-19, must not have signs and symptoms of COVID-19, including a fever and cough or a fever and difficulty breathing, nor have COVID-19.
Crew that do not have reasonable grounds to suspect they have COVID-19, that do not have signs and symptoms of COVID-19, including a fever and cough or a fever and difficulty breathing, nor have COVID-19, are also permitted to transit to the nearest airport for the purpose of crew change-over as permitted under Public Health Agency of Canada orders.
-Domestic
Domestic crew should follow the advice of their employer, the Public Health Agency of Canada, and local health officials.
Anyone who has close contact with someone who has, or is suspected to have, COVID-19 should quarantine for 14 days. Quarantine means you must:
- stay at home and monitor yourself for signs and symptoms, even if mild;
- avoid contact with other people to help prevent transmission of the virus at the earliest stage;
- do your part to prevent the spread of disease by practicing physical distancing in your home;
- take and record your temperature daily; and
- avoid using fever-reducing medications.
See also: Canada urged to address crew change problem
Exemption from quarantine requirements for asymptomatic seafarers – both Canadian and foreign nationals
From 29 November, there is a mandatory requirement related to COVID-19 for anyone to quarantine for 14 days upon entry into Canada when coming from a foreign country.
Persons exempted from mandatory quarantine provisions for COVID-19 pursuant to the Quarantine Act orders include persons that do not have reasonable grounds to suspect they have COVID-19, that do not have signs and symptoms of COVID-19, including a fever and cough or a fever and difficulty breathing, nor have COVID-19:
- in the trade or transportation sector who are important for the movement of goods or people, including truck drivers and crew members on any aircraft, shipping vessel or train, and that cross the border while performing their duties or for the purpose of performing their duties;
- who must cross the border regularly to go to their normal place of employment, including critical infrastructure workers (Energy and Utilities, Information and Communication Technologies, Finance, Health, Food, Water, Transportation, Safety, Government and Manufacturing), provided they do not directly care for persons 65 years of age or older within the first 14 days after their entry to Canada.
In addition to the federal prohibitions on entry and quarantine requirements at Canadian international borders, provinces and territories have established their own respective restrictions or continue to adapt their own respective lists of exempted workers for domestic movements.
Pursuant to the Public Health Agency of Canada orders, a person not subject to quarantine must, if they are in public settings where physical distancing cannot be maintained, wear a non-medical mask or face covering that a screening officer or quarantine officer considers suitable to minimize the risk of introducing or spreading COVID-19.
In addition, the Public Health Agency of Canada advises that these workers should:
- take required preventive measures, including practising physical (social) distancing (maintaining a distance of 2 metres from others whenever possible);
- closely self-monitor; and
- self-isolate and contact their local public health authority should they exhibit any COVID-19 symptoms.
Employers should have open lines of communication at all times with their employees in order to be informed of any signs or symptoms, or any close contact with presumptive/confirmed COVID-19-carrying persons, or any recent COVID-19 testing by any of their employees, and to follow actions required by the local public health authority for the workplace. Employers should be aware that local public health authorities at an employee’s place of work in Canada may have specific requirements.
Exempted employees who do not have signs or symptoms should quarantine if they have had close contact with someone who has or is suspected to have COVID-19, or if they remain awaiting results from themselves having been tested for COVID-19 in the past 14 days.
Shore leave for seafarers onboard foreign vessels, at Canadian ports, terminals and marine facilities
Pursuant to the Public Health Agency of Canada orders, foreign nationals are prohibited from entering Canada for optional or discretionary purposes, such as tourism, recreation or entertainment. “Controlled shore leave” should only be permitted to asymptomatic, presumed non-COVID-19 carrying crew members and should not exceed four hours in length.
“Controlled shore leave” should be restricted to the following locations only:
- A shore-based welfare facility located either on marine facility grounds or in a nearby location;
- A designated area on marine facility grounds if such an area has been identified for that purpose;
- A medical facility, a pharmacy or a store containing a pharmacy.
During this four hour “controlled shore leave” period, crew members are expected to:
- Follow marine facility-specific COVID-19 protocols;
- Follow PHAC recommendations regarding COVID-19 prevention, including wearing a mask, maintaining proper hand hygiene, physical distancing, and cough/sneeze etiquette;
- Follow applicable public health restrictions from local health authorities;
- Minimize contact with local workers at a destination;
- Closely self-monitor; and
- Quarantine and contact the local public health authority should they exhibit any COVID-19 signs or symptoms.
Crew members are expected to inform the Master of the vessel of their whereabouts in order to support possible contact tracing.
Meanwhile, crew onboard Canadian domestic vessels should follow the advice of their employer, the Public Health Agency of Canada, and local health officials.
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I cannot find anything published by the Government of Canada or from the Government of Newfoundland that provides employer obligation with regard to a Canadian (Newfoundland) seafarer who departs a vessel that is working in the Gulf of Mexico, flying back to Newfoundland and Labrador for 5 weeks off-time. This worker will clearly be exempt from the 3 day quarantine at the airport of entry (Toronto or Montreal), but under the new Federal rules, if there is a health care worker living in their household, they must not quarantine at home, under penalty of fine, or even prison. Thus that seafarer MUST find separate accommodations or a hotel and use this address to report to ArriveCAN , and receive 3 PCR type Covid tests during their quarantine period. If there is is a clause in this employee’s contract stipulating that all costs for hotel and food after they arrive in Canada are the employee’s responsibility, and this quarantine time is unpaid, is this legal under Canadian Labour law, the Canadian Shipping Act and/or the Maritime Convention? Such a long quarantine can easily cost that employee upwards of $2000, and then he/she will have to repeat it again after returning to work. I hope |’ve articulated this well enough to comment, and if anybody knows of relevant paragraphs or clauses in governing legislation, can they please advise me? My experience with this agency is draining; it appears that this will be very expensive for this employee to go to work. Does this employer have a fiduciary duty to ensure that employee performs an out-of-home quarantine to reduce the potential of spread to his family members and possibly the community at large? If so, are there any penalties for this employer? My sincerest thanks to anybody offering advice.