Ontario has recently introduced two proposed amendments to the
Occupational Health and Safety Act (the Act): Bill 84 and Bill
Bill 84: Workplace death, injury and illness registry
Bill 84, the Occupational Health and Safety Amendment Act
(Workplace Deaths, Critical Injuries and Occupational Illnesses
Registry), 2008, requires that the Minister of Labour create a
registry containing information about all deaths, injuries and
occupational illnesses that are required to be reported by
employers pursuant to certain sections of the Act.
The registry must contain the following information:
the name of the employer;
the nature of the employer's business;
the job title of the worker who was killed, injured or who
suffered the occupational illness;
a description of the death, injury or occupational illness of
the worker; and
such other information as may be prescribed by regulation.
The Bill also stipulates the Freedom of Information and Protection
of Privacy Act and the safeguarding of "personal health
information" within the meaning of the Personal Health
Information Protection Act, 2004 will apply to disclosure of
"personal information." Given this stipulation, it will
be interesting to see what details employers will be required to
provide, especially with respect to the description of the nature
of the death, injury or occupational illness.
First reading of Bill 84 was carried on June 2, 2008. It is not
yet known when the Bill is expected to receive Royal Assent, and
therefore, when it will be in effect.
Bill 95: The use of scents in the workplace
A topical issue that is now garnering legislative attention is
addressed in Ontario Bill 95, the Occupational Health and Safety
Amendment Act (Scented Products), 2008, which requires employers to
prepare policies and maintain programs with respect to the use of
scented products in the workplace.
Bill 95 would amend subsection 25(2) of the Act by making it a
duty of employers to:
prepare and review, at least annually, in consultation with
employees, a written policy on the use of scented products in the
develop and maintain a program to implement the policy referred
It is important to note that the Bill, as drafted, does not require
employers to adopt a specific scent policy, such as a scent-free or
scent-reduction policy. It merely aims at ensuring that all
employers consult employees about what is reasonable for their
particular workplace and implement an appropriate fragrance
strategy and a program that fits their particular work
First reading of Bill 84 was carried on June 12, 2008 and no
further steps have been taken. The Bill would become law in Ontario
six months after receiving Royal Assent.
Helpful information regarding scents and scent-related
policies can be found at the Canadian Centre for Occupational
Health and Safety'swebsite.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
To print this article, all you need is to be registered on Mondaq.com.
Click to Login as an existing user or Register so you can print this article.
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.
A former teacher at Bodwell High School has learned a valuable lesson from the B.C. Human Rights Tribunal— it is not discriminatory for an employer to offer child-related benefits to only employees with children.
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.
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).