Ontario's Working for Workers Five Act, 2024 (Bill 190) received Royal Assent on October 28, 2024. The bill makes changes to the Occupational Health and Safety Act (OHSA), the Employment Standards Act and the Workplace Safety and Insurance Act. Keep in mind that Ministry of Labour, Immigration, Training and Skills Development (MLITSD) Inspectors may ask for proof of compliance when visiting a workplace.
What Has Changed Under the Occupational Health and Safety Act
The definition of workplace harassment and "workplace sexual harassment" now includes remote activities.
Current relevant policies must be updated to include procedures for dealing with violence and harassment on virtual platforms such as Teams, Zoom, social media, email, Facebook, LinkedIn, etc. It is recommended to provide refresher training to all employees after the policies have been updated to ensure everyone knows the rules and their roles. MLITSD Inspectors may ask to see documentation on policies, training and even harassment complaints and their investigations.
Required documents may now be posted virtually.
Under the Occupational Health and Safety Act, employers are required to post certain documents in the workplace. This requirement has been updated to include virtual access to these posters as acceptable, however there is a caveat: employers must ensure workers have easy access to a computer, and that the virtual platform is easy to find and use. Inspectors will check for these things and can ask to view the digital platform. All workers need to be trained on how to access the virtual platform.
Joint health and safety committee (JHSC) meetings can now be held virtually.
Meetings must still be carried out in accordance with the requirements outline in the Act (Part 2, section 9), but now they can be virtual. Committee members need to be trained on how to access and participate in virtual meetings.
Employers are required to maintain clean and sanitary washroom facilities for workers and keep records of cleanings.
This change is not yet in effect and will be proclaimed at a later date.
Worried about compliance risks? Let us guide you through the new regulations and help you minimize potential penalties. Our team of experts is here to help you navigate these changes.
What Has Changed Under the Employment Standards Act
Requirements for publicly advertised job postings.
Part III.1 has been added requiring publicly advertised job postings must:
include the expected compensation or range of compensation of the position,
not include any requirements related to Canadian experience,
disclose the use of artificial intelligence (AI) in the screening, assessment or selection of applicants, and
state whether the posting is for an existing vacany or not.
This change is not yet in effect and will be proclaimed at a later date.
Requirements for "sick notes".
Section 50 of the ESA is updated so that employers retain the right to require evidence of entitlement to sick leave but are not permitted to require a certificate from a qualified health practitioner. In other words, an employer may ask for reasonable evidence of sick leave, but cannot require that evidence be a certificate ("sick note") from a qualified health practitioner.
Under the ESA a "qualified health practitioner" means,
a) a person who is qualified to practise as a physician, a registered nurse or a psychologist under the laws of the jurisdiction in which care or treatment is provided to the employee, or
b) in the prescribed circumstances, a member of a prescribed class of health practitioners.
Maximum fines increased.
A person or corporation charged with contravening the Employment Standards Act or its regulations is now subject to a maximum fine of $100,000 and/or imprisonment for up to 12 months. A person or corporation has one previous conviction, the maximum fine increases to $250,000; if a person or corporation has more than one previous conviction, the maximum fine increases to up to $500,000.
Need help updating your policies? Our team specializes in tailored policies to keep your employees safe and workpalace compliant. Get in touch today to learn more about how we can help.
Ontario's Working for Workers Five Act, 2024Â introduced several key changes that employers must navigate Ontario's evolving legislative requirements. From updating harassment policies for remote work, to adjusting job posting requirements and preparing for new sanitation regulations, staying ahead of these changes is crucial for protecting your business and employees. If you're unsure about how these changes might impact your business, or need assistance in developing compliant policies and procedures, Correct Compliance is here to help. Book a free consultation now.
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