As of June 1, 2014 the Ministry of Labour has rolled out version
5.0 of the "What You Should Know About the Employment
Standards Act" poster, affectionately known as the "ESA
Poster." Version 5.0 of the ESA Poster reflects the recent
changes to minimum wage under the Employment Standards Act,
2000 (the "ESA").
Provincially-regulated employers are required to post the most
recent version of the ESA Poster on legal-sized paper in at least
one conspicuous location in the workplace, such as in the staff
lunchroom. If you have not done so already, you should replace
version 4.0 of the ESA Poster with the new and improved version 5.0
in your workplace as soon as possible. You can download the poster
for free on the Ministry of Labour website.
MANDATORY WORKPLACE SIGNAGE REQUIREMENTS IN ONTARIO
There are a number of other mandatory workplace posting
requirements for employers in Ontario. It is important for
employers to ensure that they conform with the various legislated
signage requirements in order to avoid violations and penalties for
1. Posting Requirements under the Occupational Health and
Safety Act (the "OHSA")
All provincially-regulated workplaces must display the OHSA
poster "Health & Safety at Work: Prevention Starts
Here". The poster outlines the rights and responsibilities of
workers, supervisors and employers on the job and provides a toll
free Ministry of Labour number which anyone can call to report
critical injuries, fatalities and work refusals, or to obtain
general information about workplace health and safety
The OHSA requires employers with more than five workers to
prepare and annually review a written occupational health and
safety policy as well as workplace violence and workplace
harassment policies. A copy of these written policies must be
posted in the workplace.
In workplaces where the employer is required to establish a
joint health and safety committee, the employer must post the names
and work locations of the committee members in a conspicuous
Employers are also required to post a copy of the OHSA, in its
entirety, in the workplace.
2. Posting Requirements under the Workplace Safety and
Insurance Act (the "WSIA")
Employers are required to prominently display the "In Case
of Injury" poster (Form 82) in the workplace, which gives
employees and employers four simple steps to follow in the event of
an injury at work. This poster is available for free on the WSIB
Please click here to see the Ministry of Labour's
Posting and Training Requirements article for more information
regarding the above posting requirements.
3. Posting Requirements under the Pay Equity Act
All public sector employers and those private sector employers
that had 100 or more employees on January 1, 1988 are required to
prepare and post Pay Equity Plans in accordance with the Pay
The Pay Equity Commission has prepared a Summary of Requirements
under the Pay Equity Act, including posting requirements,
which can be found here.
4. Posting Requirements under the Smoke-Free Ontario
Under the Smoke-Free Ontario Act, employers are
required to post signs prohibiting smoking at each entrance and
exit of an enclosed workplace, in appropriate locations and in
sufficient numbers. This is to ensure that employees and the public
are aware that smoking is not permitted in the enclosed workplace.
Signs must meet specific requirements pursuant to the
Smoke-Free Ontario Act.
The posting requirements are set out in subsection 9(3) of the
Smoke-Free Ontario Act, and section 15 of Ontario
Regulation 48/06 under the Smoke-Free Ontario Act.
5. Posting Requirements instituted by the Ontario Labour
Pursuant to Information Bulletin No. 1, an employer is required
to post copies of a union's Application for Certification and
Notice to Employees of Application for Certification adjacent to
one another in locations where they are likely to come to the
attention of any and all employees affected by the application.
Once a certification vote has been held, the employer is also
required to post copies of the Decision, the Notice of Vote and of
Hearing and the Report of Vote, adjacent to the earlier posted
Application for Certification and Notice to Employees of
Application for Certification.
Unfortunately, reasonable accommodation for employees in the workplace continues to be the source of significant litigation and even today we continue to see outrageous examples of employers behaving badly.
We are now beginning to see reported cases involving charges and subsequent fines laid against employers for failing to provide information, instruction and supervision to protect a worker from workplace violence.
On October 13, 2016, the Supreme Court of Canada denied leave to appeal an Ontario Court of Appeal decision which ordered an employer to pay a former employee 37 months of salary and benefits following termination.
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