On May 2, 2024, the Ontario Government introduced Bill 190, the Working for Workers Five Act, 2024. If passed, this Bill will propose amendments and new obligations for employers under the:

• Employment Standards Act, 2000 (ESA);
• Occupational Health and Safety Act (OHSA); and
• Workplace Safety and Insurance Act, 1997 (WSIA).

As of May 16, 2024, the Bill remains in its second reading. The government has asked for feedback on the amendments for the ESA and OHSA until June 10, 2024. This means there may be further changes before it is both finalized and passed.

More information, including possible effective dates, is to come, but for now, here is a summary of the proposed amendments. If you have any questions about how these amendments would impact your organization, please reach out to our team at info@culturedhr.com.

Proposed Changes to the Employment Standards Act (ESA), 2000:

Increased Fines for ESA Contravention:

• Maximum fines will increase from $50,000 to $100,000 for an individual found guilty of violating the ESA.

Job Postings/Communication with Job Applicants/Retention of Information:

Employers will be required to

• Disclose in publicly advertised job postings whether the posting is for an existing vacancy.
• Respond to job applicants that they interviewed for publicly advertised job postings within a prescribed period.
• Retain all prescribed information provided to job applicants for 3 years (from the day the job posting is removed).

Evidence of Entitlement to Sick Leave:

• Employers will no longer be permitted to require an employee to provide a medical certificate from a qualified health practitioner as evidence of their entitlement to sick leave to prevent unnecessary paper for healthcare professionals.
• However, employers can still request another form of evidence that is “reasonable in the circumstance”, such as attestation.
• It is important to note that this specifically applies to the ESA sick leave entitlement (protected up to 3 days). It does not appear to impact leaves that are longer than three days, documentation required for medical accommodation and/or documentation for safe and early return to work.

Proposed Changes to the Occupational Health and Safety Act (OHSA):

Extension of the Application of the OHSA:

• The application of the OHSA will extend to telework performed in private residence(s).

Expansion of the Definition of Harassment to Virtual Environments:

• This would include expanding the definition of workplace harassment and workplace sexual harassment that occurs in the workplace to include virtual information and communications technology (hybrid and virtual workplaces).

Joint Health and Safety Committee (JHSC) Meetings & Electronic Postings:

• Joint Health and Safety Committee meetings will be allowed to be held virtually.
• Documents such as the work locations of Joint Health and Safety Committee members, the employer’s occupational health and safety policies, and a copy of the OHSA may be posted electronically “in a readily accessible electronic format accessible to all workers.”

Washroom hygiene:

• This amendment will require employers and contractors to provide a clean and sanitary washroom facility to workers while also maintaining cleaning records as prescribed by regulations.
• Construction employers will need to provide menstrual products (tampons and pads) that are reasonably accessible to employees at any project where work is expected to last three months or more and where 20 or more workers are regularly employed. This has been approved and is effective January 1, 2025.

Proposed Changes to the Workplace Safety and Insurance Act (WSIA):

Post-Traumatic Stress Disorder Benefit:

• This amendment will expand presumptive coverage for occupational cancers, heart injuries, and post-traumatic stress disorder to wildland firefighters and wildland fire investigators.
• Extend presumptive coverage to firefighters and fire investigators for primary-site skin cancer, provided that the worker had at least 10 years of service before being diagnosed.

Key Takeaways from Bill 190

Although Bill 190, Working for Workers Act, 2024 is not yet in force, you may decide to begin preparing for this upcoming change by reviewing:

• Your organization’s current workplace harassment program and policies to ensure that it extends to both hybrid and virtual workplaces.
• Your current recruitment process including your response timelines to applicants and ensuring proper retention of information.
• Both your attendance and sick leave policies to determine whether revisions are necessary.
• Your occupational health and safety policies and determine whether amendments are necessary because of changes to OHSA’s application of private residents and new JHSC posting requirements.

Need more information on the Working for Workers Five Act, 2024? Should you have any questions or require assistance, please do not hesitate to contact us at info@culturedhr.com