Signed into law on Oct. 28, 2024, Bill 190 is the fifth in a series of Ontario's "Working for Workers Acts," each intended to create a more supportive work environment across the province. As highlighted in detail in our earlier bulletin, Bill 190 introduces amendments to several employment-related statutes in Ontario, including the Employment Standards Act, 2000 (ESA) and the Occupational Health and Safety Act (OHSA).
In this bulletin, we provide a brief summary on the amendments to the ESA and OHSA pursuant to Bill 190. Most of these amendments are in force as of Oct. 28, 2024, but some are set to come into force at a future date as noted below.
Amendments to the ESA
The following amendments are currently in force:
- Prohibition on sick notes for statutory leave:
Employers can no longer request a physician's note from employees who take sick leave permitted under the ESA. That said, an employer is still permitted to require an employee who takes statutory sick leave to provide evidence reasonable in the circumstances that the employee is entitled to the leave.
- Hefty penalties for non-compliance:
The maximum fine for non-compliance for individuals has doubled to a steep $100,000.
The following amendment is set to come into force at a future
date:
- Transparency in job postings and interviews:
This amendment mandates that public job postings must disclose whether the posting is for an existing vacancy or not, and such other information as may be prescribed by future regulations. This requirement will not apply to a publicly advertised job posting that meets certain criteria that will also be defined at a future date.
Further, if an employer interviews an applicant for a publicly advertised job posting, the employer must provide the applicant with certain prescribed information. In addition, prescribed information relating to a public job posting must be kept on record for three years from the date it is provided to the applicant. However, regulations establishing such criteria defining prescribed information have not been published at this time.
Amendments to the OHSA
The following amendments are currently in force:
- Applicability of OHSA to private residences:
Applicability of OHSA has been expanded to telework performed in or around a private residence or the lands and appurtenances used in connection with the private residence. This expansion of the OHSA may be limited or made conditional by regulation. However, no such regulation has been published at this time.
- Expanded definition of workplace harassment:
The definitions of workplace harassment and workplace sexual harassment have been expanded to include harassment that occurs in a workplace virtually through the use of information and communications technology.
- Virtual JHSC meetings:
Joint health and safety committee meetings may now take place remotely instead of exclusively in the physical workplace.
- Electronic posting of safety information:
Employers now have the option to post mandatory OHSA documents, which include policies, copy of OHSA and other related material electronically in a readily accessible electronic format, rather than in the physical workplace. To be deemed a readily accessible electronic format:
- The employer must provide workers with direction on where and how to access the information.
- The information must be posted in an electronic format that workers in the workplace can readily access.
The following amendment is set to come into force at a future date:
- Washroom maintenance standards:
A constructor on a project and an employer, must ensure that any washroom facilities provided for the use of workers are maintained in a clean and sanitary condition. In addition, they must keep, maintain and make available records of the cleaning of washroom facilities as prescribed.
However, no regulations clarifying how constructors and employers should keep, maintain and make available records of the cleaning of washroom facilities have been published at this time.
Next steps for employers
Employers should review their current policies and practices to align with Bill 190's requirements. Key actions include:
- Policy adjustments: Update your sick leave, remote work and health and safety policies to reflect the latest ESA and OHSA standards.
- Gear up for enhanced recruitment practices: Prepare for upcoming public job posting requirements by increasing transparency around vacancies, post-interview candidate communication and retention of records with respect to public job postings.
The latest amendments underscore Ontario's commitment to enhancing worker protections in a remote set up and transparency. Employers who proactively implement these changes will not only avoid penalties but can also foster a more supportive work environment.
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