In recent years, Ontario has enacted a series of legislative measures under the "Working for Workers" banner, aiming to enhance employee protections and modernize workplace standards. The latest instalments, the Working for Workers Five Act, 2024, and the Working for Workers Six Act, 2024, introduce significant amendments to various employment-related statutes. Employers across Ontario must familiarize themselves with these changes to ensure compliance and maintain fair, safe, and transparent workplaces.
Working for Workers Five Act, 2024
The Working for Workers Five Act, 2024, received Royal Assent on October 28, 2024, bringing forth several key amendments:
Employment Standards Act, 2000 (ESA) Amendments:
Sick Notes: Employers are now prohibited from requiring a certificate from a qualified health practitioner (e.g., a physician, registered nurse, or psychologist) to substantiate an employee's entitlement to the three days of unpaid sick leave under the ESA. However, employers may still request reasonable evidence of entitlement, such as a written attestation from the employee. mathewsdinsdale.com
Increased Penalties: The maximum fine for individuals convicted of violating the ESA has been doubled from $50,000 to $100,000, underscoring the importance of adherence to employment standards. blakes.com
Occupational Health and Safety Act (OHSA) Amendments:
Telework Inclusion: The OHSA now explicitly applies to telework performed in or about a private residence, ensuring that remote workers are afforded the same health and safety protections as on-site employees. williamshrlaw.com
Virtual Harassment: The definitions of "workplace harassment" and "workplace sexual harassment" have been expanded to include conduct occurring virtually through information and communications technology, addressing the evolving nature of workplace interactions. ogletree.ca
Electronic Posting: Employers are now permitted to fulfill certain posting requirements by providing information in a readily accessible electronic format, provided that employees are informed on how to access these materials. blakes.com
Workplace Safety and Insurance Act (WSIA) Amendments:
Presumptive Coverage: Presumptive coverage for post-traumatic stress disorder has been extended to wildland firefighters and fire investigators, recognizing the unique challenges faced by these professionals. williamshrlaw.com
Working for Workers Six Act, 2024
Building upon its predecessors, the Working for Workers Six Act, 2024, introduces further amendments aimed at supporting workers and their families. It received Royal Assent on December 19, 2024.
Employment Standards Act, 2000 (ESA) Amendments:
Job Posting Transparency: Employers who publicly advertise job postings are now required to disclose whether the position is for an existing vacancy. Additionally, if an employer interviews an applicant for such a posting, they must provide the applicant with prescribed information within a specified timeframe. These measures promote transparency and fairness in the hiring process. ontario.ca
Occupational Health and Safety Act (OHSA) Amendments:
Washroom Facilities: Employers are obligated to ensure that washroom facilities provided for workers are maintained in a clean and sanitary condition. They must also keep records of cleaning activities, enhancing workplace hygiene and accountability. ontario.ca
Enhance safety for roadside workers: By expanding existing requirements for drivers to slow down and move over when passing emergency vehicles and tow trucks under the Highway Traffic Act to also include prescribed work-related vehicles at roadside with flashing amber lights activated (excluding construction zones with posted speed limits). ontario.ca
Workplace Safety and Insurance Act (WSIA) Amendments:
Improve cancer coverage for firefighters, investigators, and volunteers: by removing the requirement that a firefighter’s primary-site colorectal diagnosis must be made before the age of 61 and lowering the required duration of service for primary-site kidney cancer care coverage from 20 to 10 years – the lowest duration of service in Canada. ontario.ca
Preparing for Compliance
To align with the new legislative requirements, employers should undertake the following actions:
Policy Review and Updates: Examine existing workplace policies and procedures to ensure they reflect the recent amendments. This includes updating harassment policies to encompass virtual conduct and revising sick leave policies to comply with the new evidence requirements.
Training and Education: Conduct training sessions for management and staff to inform them of the legislative changes, emphasizing the importance of compliance and the implications for daily operations.
Record-Keeping Practices: Implement or update systems to maintain necessary records, such as cleaning logs for washroom facilities and documentation related to job postings and applicant communications.
Health and Safety Assessments: Evaluate current health and safety protocols, especially concerning remote work arrangements, to ensure they meet the expanded scope of the OHSA.
Legal Consultation: Engage with legal counsel to navigate the complexities of the new legislation and to receive tailored advice pertinent to your organization's circumstances.
By proactively addressing these areas, employers can foster a compliant and supportive work environment, thereby mitigating potential legal risks and promoting employee well-being.
The Working for Workers Five and Six Acts represent significant strides in Ontario's commitment to enhancing worker protections and modernizing employment standards. Employers must stay informed and adapt to these changes to ensure compliance and to uphold the principles of fairness and safety in the workplace.
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