On September 8, 2016, some changes to the Occupational
Health and Safety Act came into effect regarding workplace
harassment and violence. Ontario employers who have more than five
(5) workers are now required to have a written workplace harassment
and violence policy and to post the policy in a conspicuous place
in the workplace.
There are various legislative requirements for employers in
Ontario that deal with:
What workplace policies are required?
What must be posted in the workplace?
What training is mandatory?
The following is a summary of the workplace requirements under
different legislation for Ontario employers. Please note that this
is a generalization and there are various exceptions, etc. that may
Employment Standards Act
Ontario Human Right Code
Occupational Health and Safety Act
Workplace Safety and Insurance Act
Personal Information and Electronic Documents Act
Who has to comply?
All employers employing employees whose work is performed
Ontario employers and employees
Determine whether you must register with Workplace Safety and Insurance
Ontario businesses in the course of commercial activities
Strongly recommended. Tribunal has power to order that employer
create written policy (how to)
Workplaces having 5 or more workers that are regularly
employed, must have a written OHS policy (how to) and a Workplace Harassment and
Workplace Violence Policy (how to) and review both at least once per
Current version of "Employment Standards in Ontario" poster
must be displayed in a conspicuous location. New employees must be
provided a copy of the poster within 30 days of commencement of
Complying with the Accessibility for Ontarians with
Ontario has legislated a phased in approach for the
Ontarians with Disabilities Act with a view to the Act
being fully implemented by 2025. The Ontario Government has
developed a toolkit to assist businesses. The general
obligations for Ontario businesses are as follows:
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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