Covid 2022 – Ice (OHF), Fired and Ottawa Vandalism

In this podcast, ORFA’s Technical Director chats about the OHF/ORFA Return to Play joint statement and what this type of relationship could mean to the future of our industry. He discusses why an employer has the right to release workers that are unvaccinated and the vandalism that occurred in Ottawa during the recent protests. Lots of recreational brain food to digest in this session.

Transcript

Terry Piche: 0:08

Welcome to another ORFA podcast, it's been a heck of a weekend, I want to chat about some of the things that members have reached out to us for for clarification or discussion or at least have a conversation on some of the things that are happening inside our industry. So I always appreciate the conversations that I have with those that are in the frontlines. And I appeal to anybody that's out there that can share and educate me to please reach out to me so that I can be better informed and prepared to be able to assist our 7000 Plus members. Now, let's start with some really fantastic news and then Alt. I mean, that's our relationship with OHF, on a joint statement in regards to the most recent return to play. Now, yeah, I gotta give a shout out to both Phil and Wil, over and OHF for taking on the initiative of bringing together facility managers from around the province to have a conversation in regards to the complexities and learn about some of the environments that in fact that we work in as practitioners now when impacts what they're trying to do as an organization. And it was so nice to have a common message from both organizations that we're going out to the different memberships that had at least the same themes in regards to how things were going to move forward, we understand that every one of the buildings that are out there have got their own special little quirky things that they have to deal with it be at local politics or, or other things that may or may direct them in regards to the way that we can conduct business. The takeaway is this is that I believe that OHF understands the value in being able to speak to facility operators and managers directly. There was well over 160 people on their a zoom call. And there was some great dialogue that took place in chat boxes, some great questions that were in fact, answered, also have to thank members that helped us by coming together to prepare in advance to meeting with OHS so that we had a game plan. And I'm excited to see the level of professionalism that exist inside our industry. We have members out there that are very much engaged in and tune what's going on. And as an association, that's our role to be able to tap into that kind of stuff. So if you haven't read, read the OHF/ORFA joint announcement, I invite you to visit it on the website and take a read so that you understand what we're doing. And we hope that we're going to be able to get together with our primary users like OHF and have conversations after the pandemic on other things that we talk about as facility staff that requires some better clarification. So stay tuned for that. Now, one of the conversations that I had this week was surrounding a why can an employer in fact, either tell me to stay home because I'm not vaccinated? Or a fireman, let me go if I'm if I'm not vaccinate if I choose not to be vaccinated, it's a complicated subject matter. But I'll fly at 20,000 feet and give you some food for thought on on why an employer may take that position. And first off, it's their right, they're the employer and they're the ones that actually pay the bills, pay your salary and take the associated risks with the your employment. So yeah, there's a lot of information out there that suggests that what we're doing as a society is incorrect. And, again, I'm not going to get into the weeds of that. But if you take it from a liability, a liability set point. Let me give me a suggestion as our or an example. In the end, if I decide to allow you to come to work and you're unvaccinated, and someone comes in to my facility, and they end up catching COVID Or getting COVID that results in a death and they discover that in fact that we were not conforming to what is considered to be best practice. And they're going to have the opportunity to seek compensation for this gap. And what they're going to do potentially is sue for damages, saying that the COVID was picked up In my facility, and ultimately it led to a death of a user or potential, they dragged it home and some other family member got it. And I'm going to have to defend that. In fact, they did not get it from my facility. But when I have individuals that are working inside there that are unvaccinated, and I get the debate, I get the debate that you know what, even vaccinated people can, in fact, drag the virus around, but the gap becomes is that society has suggested that everyone, in fact, should be vaccinated. So I've got to explain why I did not go down that road. So it's a complicated subject matter. But you really need to focus in on the fact that it is the employers workplace and you serve at the will of your employer. And yes, if you've got a union environment, you have different strengths that are going to protect you if things decide to go in a different direction. And that's the, the complexity of the of the whole subject. Now, the events that unfolded and continue to take place as this is being recorded in Ottawa is another subject that I'm not going to get into the weeds. And I mean, obviously, we have individuals that are passionate with their beliefs, and they want to be heard and, and that's their right. But what I want to do is take a look at some of the lessons that you as a recreation professional may be able to pick up on some of the stuff that took place in on one, and that's surrounding the Terry Fox monument, and the discussion of the way that it was used as part of the protest. And, and what you need to appreciate is that, even though it seems that it was soft vandalism, and it was vandalism, I mean, you there, it's it's kind of being like a little bit pregnant, you can't be a little bit pregnant, you're either pregnant or you're not pregnant. So vandalism is the same thing. I mean, ultimately, what happened to the Terry Fox monument, under the Criminal Code is defined as being vandalism. And yes, maybe there was no real damage. And yes, there's no long term impact. But if you take a look at the the Criminal Code, and and I've got a whole article on it, in Technical Corner on what constitutes vandalism, it doesn't have to create damage, I mean, ultimately, just by, you know, interfering with some other person's property, in a manner that it wasn't originally designed for it constitutes vandalism. And, and, and yeah, I know, the courts have to figure out, you know, how in depth it is, but the takeaway is that we need to understand as practitioners what we can do, and if you take a look at the article, it gets into the activities that took+ place in in Ottawa, and again, getting into the other event of the the events that went around the unknown soldiers grave. Now, did the individuals act maliciously? No, did they get caught up in the moment, most likely, but the result is, is that in fact, they did color outside the laws of the land? And not only are we talking about mischief, now, we're talking about mischief that's related to war memorials, and the Criminal Code has a specific section in regards to the potential legal ramifications when an individual in fact does act inappropriately around these type of monuments or, or other structures that are associated with memorializing war. So we dive deep into that subject matter and Legal Awareness 2. And it was interesting when we went through the mechanics of redesigning our grounds courses that in fact, members did bring up some of the challenges that they had associated with these type of areas, which are, in fact, recreation facilities. Now, the Terry Fox Foundation, I was impressed with their response. I mean, obviously, they were not going to support or condone what happened in Ottawa. But they recognize that it was not malicious. And they decided that instead of, you know, making a big hoopla out of what had happened, that they changed the channel and they took the opportunity to promote the Terry Fox Foundation. And ultimately, you know, the story of Terry and how the monument got there. So In the end, the Association decided, You know what, that's that's a great approach, why don't we embrace the lessons learned in regards to respecting all recreation infrastructure. So my thoughts are with those that are responsible for the grounds in Ottawa, because they're going to inherit the, of the responsibilities of maintaining these recreation areas after the protesters leave. And, you know, you can believe what you see on the media in regards to the conduct in regards to people relieving themselves in public property. And I suspect, having worked in the business and held large events that people are going to have to relieve themselves and, and they will do it in a natural manner, regardless of where they're at, it's just a bodily function that has to be performed and ultimately ends up there. And then we do know, regrettably, a lot of people do not use waste containers, lots of municipalities are removed waste containers, because it COVID So and there's a, there's another issue that comes into play. So what we will take away from it as an association is the the decision of the ORFA board in 2021, to assist you guys, in defining our work environments, because there was a lots of conversations and debates on what in fact, makes up a recreation facility. So we've come up with the def of the definition, we being the board and the ORFA being supported by ORFA staff that a recreation facilities any land premise, location or thing, at or upon, which offers a recreation or leisure experience for all. So it doesn't have to have a roof and it doesn't have to have walls and it doesn't have to have mechanical rooms. So ultimately, the mechanics of offering recreation activities do not have to be specifically designed. So on the last point, one of the things that we've we've watched, and with interest, and we have now included in our training programs is the importance of having a tree inventory as part of our recreation asset management plan. So it's interesting to talk to members who actually have cataloged every tree that is under their responsibility. They understand its age and its health, and they are controlling those assets based on that data. So we've come a long way in the last 25 years, and I suspect we're going to go even farther over the next little while. So let's learn from what happened in Ottawa. Let's continue to share information in regards to what's happening with COVID. And, most importantly, let's stay safe out there. So until we get to meet again, thanks for listening