Canadian Natural Resources Limited (CNRL) worker John Zwolak has been in unpaid limbo with the oil giant for nearly two years after it refused to acknowledge his two medical mask exemptions..Zwolak — a heavy equipment technician with CNRL — worked at the Horizon site in Fort MacKay, AB since October 2012. .After being diagnosed with sleep apnea in 2010, Zwolak was set up with a CPAP (continuous positive airway pressure) machine and has slept with one ever since, including while on site with CNRL. .In the early stages of the COVID-19 pandemic, CNRL brought in a mandatory masking policy in early May 2020, according to CNRL's statement of defence. .Zwolak told the Western Standard he “was having issues with the masks at work" and cited an incident on a charter flight from his work site to his home on July 6 where he said he was having difficulty breathing and needed to remove his mask. The incident lead to an verbal altercation with the flight attendant. .Zwolak said he saw a doctor about his breathing troubles with the mask and was put on medical leave until September 10..At that time, Zwolak said his superiors told him he would have to comply with the masking policy or he would not be permitted to return to work and would be forced to take a medical leave..On November 6, just one day before CNRL deemed Zwolak was fit to return to work, he obtained a physicians note from Dr. Derek Higgins, which acknowledged his sleep apnea and indicated wearing a mask would restrict his breathing..Zwolak attempted to return to work on November 11, but after CNRL had him assessed by Dr. John Bell from Horizon Site Medical Centre, and again deemed him fit to work with a mask, Zwolak was instructed to leave work and return to medical leave..Bell, without having met with Zwolak, diagnosed him with “adjustment disorder" for his refusal to wear a mask, said the statement of claim. .According to John Hopkins Medicine, adjustment disorder is an emotional or behavioral reaction to a stressful event or change in a person’s life and is considered an unhealthy or excessive response. Symptoms vary but can include anxiety, depressed mood, disturbance of emotions and conduct, or combinations of these conditions..John's wife Christy said the couple felt Bell was not taking Zwolak's concerns seriously, and his diagnosis was based on his perception Zwolak was being difficult and did not want to comply with the masking rules. . John and Christy ZwolakJohn and Christy Zwolak .Zwolak said he offered what he felt were reasonable accommodations to satisfy CNRL’s policy, such as him wearing a face shield instead of a mask or working in the field where he could work independently of others. Zwolak said CNRL rejected his suggestions..Although several establishments, including some hospitals, allow for a face shield in place of a mask, John said CNRL wouldn’t budge..At that point, Zwolak said they submitted a form to CNRL asking the company to take full responsibility if he suffered any health consequences from wearing a mask while working. The company refused..In February 2021, Zwolak said he received notice from CNRL’s insurance provider — Organizational Solutions Inc (OSI) — indicating it was “determined that his absence from work was not medically supported and he no longer met the requirements for short term disability," according to the statement of claim. .Zwolak appealed and CNRL sent a list of questions regarding his health to a new doctor — Dr. Stephen Malthouse. Malthouse submitted his response to CNRL’s questions on March 23 and included his medical opinion and diagnosis..“Dr. Malthouse stated when the Plaintiff wears a mask it causes hypoxia resulting in light-headedness, headaches (migraines), shortness of breath and panic. Hypercapnia due to masking may also be a contributing factor,” said the statement of claim..In June 2021, Zwolak was contacted by CNRL’s human resources department and told his medical leave would be extended another six weeks. He was told if CNRL lifted its mask policy he could return to work by July 29..However, shortly after, Zwolak said he was told by someone in CNRL’s health department, the mask policy would remain permanently. At that time, he was returned to unpaid medical leave..Zwolak, with the help of Guardian Law Group LLP in Calgary, filed a statement of claim against CNRL on July 26, 2021..The claim states Zwolak was “forced … to go on medical leave without pay which prevented him from working and earning an income.” It also states he offered alternatives to CNRL’s masking policy, but CNRL would not accommodate him. .Zwolak said on one occasion he filled out a CNRL field risk assessment form stating his concerns around wearing masks while working in a hazardous environment..He said the masks fogged up his safety glasses and made communication with others on the loud worksite very difficult, creating what he felt was an unsafe environment. Zwolak said his concerns were dismissed. .Due to being placed on leave without pay and the lack of other suitable jobs in his field, Zwolak said he, his wife, and two sons were forced to sell their home in Elkford, BC, and move to Ontario where they now live in a fifth-wheel trailer on family-owned land.. John and Christy's fifth-wheel trailerJohn and Christy's fifth-wheel trailer where their family of four now resides in northern Ontario. .“We didn’t know how we were going to support ourselves long term,” said Zwolak’s wife, explaining they suffered financially through the ordeal, using up their savings, most of Zwolak’s RRSPs, and maxing out a line of credit to live on while he was without pay..Zwolak’s wife, who suffers from asthma, said without her husband’s benefits, she was no longer able to afford the expensive medication she requires..She said the two are very thankful Zwolak was able to find a company in northern Ontario that accepted his mask exemption, but the position pays far less than he was making while working for CNRL..Admitting he is not a “super emotional guy,” Zwolak said his greatest concern is how everything is affecting his wife as "she worries a lot.".“I thought they respected me for the work I’ve done,” said Zwolak. “But in the end, I’m just a number anyways.”.His wife mentioned his job reviews were always excellent and referred to Zwolak as a “good asset” for the company..Zwolak’s lawyer Jonathan Denis said CNRL’s policy “doesn’t give any option for accommodation for people like Mr. Zwolak.”.“It just indicated that there must be strict compliance,” said Denis, adding, in his legal opinion, it's “contrary to human rights legislation.”.Denis said it was also his opinion Zwolak was constructively dismissed, which CNRL denies. .Denis said CNRL submitted its statement of defence in September 2021 and claimed Zwolak's request would cause the company undue hardship. .According to Alberta's Human Rights law, undue hardship happens when an "accommodation would create onerous conditions for an employer such as intolerable financial costs or serious disruption to business." .Denis pointed to a press release dated August 4, 2022 from CNRL stating the company's financial position is "very robust" and announced it would be providing shareholders a special dividend payout, indicating accommodating his client would not be a hardship for the billion-dollar company. .CNRL press release August 4, 2022.According to CNRL, Zwolak "did not faithfully and diligently perform his duties" and listed three letters of warning he had received during his employment pertaining to taking breaks outside of scheduled break times and for a few safety incidents. .CNRL said Zwolak also did not, at the time it brought in the masking mandate, notify the company of his condition and further denied he "has suffered any losses or damages." .It also denies Zwolak "provided the medical information required to support a need for accommodation" and said alternately, Zwolak "failed to meet his duty to cooperate in the accommodation process.".Although CNRL acknowledged Zwolak did offer "a few forms of accommodation," it said the alternatives were "unacceptable" and would cause the company "undue hardship." .CNRL argued a face shield would not "appropriately contain respiratory molecules while in close proximity with other individuals" and was not acceptable under CNRL or other charter airline policies. .CNRL claimed Zwolak "either resigned or has abandoned his employment and is subject to termination for just cause." .Zwolak is seeking additional pay in lieu of notice totalling 12 months and pay in lieu of benefits he would have earned during the notice period totalling 15% of his gross earnings. He is also seeking vacation pay, any bonuses or incentives, and other company savings and stock options he would have accumulated or been entitled to during the notice period. The suit claims CNRL owes Zwolak about $350,000 for lost pay and other benefits, as well as punitive damages amounting to just over $63,000..An internal letter to CNRL employees was leaked to the Western Standard March 2022 indicating CNRL was planning to lift its mandatory COVID-19 vaccine policy as of April 4. The letter did not indicate whether the mask mandate was lifting at the same time, but it was reported on April 11, CNRL was again bringing back its mask mandate for all work sites. .READ MORE: CNRL lifting proof of vax policy.Chris Schaefer of SafeCom Training Services Inc. in Edmonton, AB, is a nationally certified respirator specialist and has been a specialist and instructor in the field of Occupational Health and Safety for nearly 30 years. .Schaefer told the Western Standard prior to 2020, anyone required to wear a respirator or "breathing obstruction device" as he calls masks, would need to fill out a pre-screening questionnaire to determine if it was safe for them to do so. .Schaefer said it can be very dangerous to cover someone's mouth and nose if they have a medical condition. People can quickly experience hypoxia — a state in which a person is starved of oxygen, hypercapnia — a buildup of excess carbon dioxide levels in the blood, or thrombosis — the formation of blood clots in veins or arteries. .He said masks simply act has a "cover not a filter," and said the difference between a face shield and a mask is minimal with the exception that face shields allow for better breathing than a mask, but neither can stop the spread of a virus. ."Viruses cannot be filtered," said Schaefer. "A virus is much too small. We have nothing on the planet that can filter a virus." .The Western Standard sought comment from CNRL regarding its masking policy, whether the company did offer accommodations to any other employees and under what circumstances those were extended. CNRL has yet to reply.
