Ontario employers must comply with legislative requirements when operating their workplace. By complying, employers ensure and protect the health and safety of the workplace and their workers, adequately compensate employees for the work performed, and make the workplace accessible. These legislative requirements are in place to assist employers in creating a positive, respectful and dignified workplace where employees feel valued for the work they do and ensure employers can run their businesses meaningfully, and with clear standards in place. As there are quite a few mandatory policies, training and postings, this article provides a useful summary with links to the necessary information.
The penalties for failing to comply with the legislation, mandatory policies, training and postings can be significant. Unfortunately, Federal Force Protection Agency (“FFPA”) was fined $70,000.00 by the Ministry of Labour (“MOL”) for failing to have workplace violence and harassment policies, and not providing any training and or programs in regards to workplace harassment and violence. In this case, an MOL Inspector conducted an investigation, and issued ten orders against FFPA for breaching the Occupational Health and Safety Act (“OHSA”). FFPA failed to comply and was ultimately fined.
Employment Standards Act, 2000 (“ESA”)
Most employers in Ontario are covered by the ESA, however there are some exceptions. The following individuals or organizations are not covered by the ESA:
If your workplace is covered by the ESA, you must provide each new employee with a copy of the most current ESA poster within 30 days of their start date. You can provide the employee with a printed copy, send the poster as an e-mail attachment, or can send them the link to the poster, as long as they are able to print it themselves. You must also provide updated posters to your current employees anytime the MOL provides an updated poster.
Workplace Safety and Insurance Act, 1997 (“WSIA”)
Employers covered under the WSIA must post the “In Case of Injury” Poster (Form 82) in a visible space in their workplace.
Occupational Health and Safety Act (“OHSA”)
Employers must post the following:
Employers must provide training for the following:
Accessibility for Ontarians with Disabilities Act (“AODA”)
All Ontario workplaces must:
Pay Equity Act
COVID-19 Requirements
The Ontario Government requires certain businesses to create “COVID-19 Safety Plans” when operating at different stages of the COVID-19 Response Framework. The Safety Plans must clearly demonstrate the steps the workplace is taking to control and reduce the risk of COVID-19. This policy should outline the following:
The following phases require that businesses implement Safety Plans:
1) Lockdown (Grey): all businesses and organizations that are permitted to be open must have a Safety Plan
2) Businesses open during either Control (Red), Restrict (Orange), and Protect (Yellow) must have a Safety Plan, including:
Additional Recommended Policies and Training
Although not required by the Ontario Human Rights Code, both the courts and the Human Rights Tribunal of Ontario consider and weigh the whether these policies are in place when determining damages for discrimination cases. The Tribunal has also required businesses to create such these policies when ordering remedies against businesses. If businesses do not have the following policies, they can be subject to more significant damage awards, therefore it has become best practice to implement:
We are happy to assist you in implementing any of the above training, policies or posters. Please contact the Employment and Labour Department for more information.
The penalties for failing to comply with the legislation, mandatory policies, training and postings can be significant. Unfortunately, Federal Force Protection Agency (“FFPA”) was fined $70,000.00 by the Ministry of Labour (“MOL”) for failing to have workplace violence and harassment policies, and not providing any training and or programs in regards to workplace harassment and violence. In this case, an MOL Inspector conducted an investigation, and issued ten orders against FFPA for breaching the Occupational Health and Safety Act (“OHSA”). FFPA failed to comply and was ultimately fined.
Employment Standards Act, 2000 (“ESA”)
Most employers in Ontario are covered by the ESA, however there are some exceptions. The following individuals or organizations are not covered by the ESA:
- Employees and employers that operate under federal jurisdiction (airlines, airports, banks, federal civil service, post office, radio and television stations, and interprovincial trucking and railways). Click here for a complete list of federally regulated industries.;
- Individuals performing work under a program approved by a college of applied arts and technology or university;
- Individuals performing work under a program approved by a private career college (co-operative work);
- A secondary student working under a work experience program authorized by a school board that they are enrolled in;
- People who work in community participation under the Ontario Works Act, 1997;
- Police officers (other then when working with lie detectors);
- Inmates taking part in work rehabilitation programs, or people who perform work as part of sentence or court order; and
- Politicians, judges, religious officials or elected trade union officials.
If your workplace is covered by the ESA, you must provide each new employee with a copy of the most current ESA poster within 30 days of their start date. You can provide the employee with a printed copy, send the poster as an e-mail attachment, or can send them the link to the poster, as long as they are able to print it themselves. You must also provide updated posters to your current employees anytime the MOL provides an updated poster.
Workplace Safety and Insurance Act, 1997 (“WSIA”)
Employers covered under the WSIA must post the “In Case of Injury” Poster (Form 82) in a visible space in their workplace.
Occupational Health and Safety Act (“OHSA”)
Employers must post the following:
- The “Health and Safety at Work: Prevention Starts Here” poster in a visible space in their workplace;
- A Health and Safety Policy (which must be reviewed annually and posted in a visible space), which must be developed along with a program to maintain and implement the policy;
- A Copy of the OHSA and relevant regulations;
- If the business has more than five (5) employees, they must create a Workplace Violence Policy, conduct risk assessments to determine the risk of violence in the workplace, and create a program to maintain and implement the policy;
- If the business has more than five (5) employees, they must create a Workplace Harassment and Sexual Harassment Policy (which must be reviewed annually and posted in a visible space), and create a program to maintain and implement the policy
- Any orders, as well as notices of compliance; and
- If the business has at least twenty (20) employees, they must establish a Joint Health and Safety Committee (“JHSC”) and publish the locations and names of all of the members. If the business has between six (6) to nineteen (19) employees, they must have one health and safety representative, unless a designated substance regulation applies to your business and then the business must establish a JHSC. If the business has between one (1) and five (5) employees the business does not need a JHSC or a health and safety representative unless a designated substance regulation applies to your business and then the business must establish a JHSC.
Employers must provide training for the following:
- Workplace violence, safety procedures and prevention
- Occupational Health and Safety Awareness
- Workplace harassment and workplace sexual harassment
- Hazardous products (WHIMIS)
Accessibility for Ontarians with Disabilities Act (“AODA”)
All Ontario workplaces must:
- Create a Customer Service Policy, with specific regard to actions employers can take to comply with the AODA and accessibility
- Make emergency response information available to the public and in an accessible format, and provide it to employees
- Create an Accessibility Plan, with a notice that such a plan be available to the public (unless the workplace has less then 20 employees)
- If an employer has more then 20 employees, they must file an Accessibility Compliance report every 3 years
- Training on the AODA
- Permit and encourage feedback from customers, clients or the public on accessibility issues
- Make workplace information available in accessible formats
Pay Equity Act
- Employers subject to Part II of the Pay Equity Act must prepare and post pay equity plans
COVID-19 Requirements
The Ontario Government requires certain businesses to create “COVID-19 Safety Plans” when operating at different stages of the COVID-19 Response Framework. The Safety Plans must clearly demonstrate the steps the workplace is taking to control and reduce the risk of COVID-19. This policy should outline the following:
- the required daily screening of workers and essential visitors;
- physical distancing and barrier protocols;
- mandatory masks in public spaces and other necessary Personal Protective Equipment, if required;
- cleaning and sanitation procedures including hand washing;
- what steps an employee must take if they have symptoms, have been in close contact with someone with symptoms, have recently travelled outside of Canada, or are feeling unwell;
- procedure for visitors entering the workplace;
- improving ventilation and airflow in the workplace;
- a system to provide feedback from employees and workers on how the effectiveness of the Safety Plan; and
- how information will be broadcasted to employees and workers.
The following phases require that businesses implement Safety Plans:
1) Lockdown (Grey): all businesses and organizations that are permitted to be open must have a Safety Plan
2) Businesses open during either Control (Red), Restrict (Orange), and Protect (Yellow) must have a Safety Plan, including:
- Restaurants, bars and other food and drink establishments
- Sports and recreational fitness centers
- Meeting and event spaces
- Retail
- Personal care services
- Casinos, bingo halls and gaming establishments
- Cinemas
- Performing arts facilities
Additional Recommended Policies and Training
Although not required by the Ontario Human Rights Code, both the courts and the Human Rights Tribunal of Ontario consider and weigh the whether these policies are in place when determining damages for discrimination cases. The Tribunal has also required businesses to create such these policies when ordering remedies against businesses. If businesses do not have the following policies, they can be subject to more significant damage awards, therefore it has become best practice to implement:
- Anti-Discrimination Policy
- Accommodation Policy and training on the Ontario Human Rights Code
We are happy to assist you in implementing any of the above training, policies or posters. Please contact the Employment and Labour Department for more information.
This article is provided for general information purposes and should not be considered a legal opinion. Clients are advised to obtain legal advice based on their specific situations.
