Big Changes to the Occupational Health and Safety Act
On October 28, 2024, the Ontario government passed the fifth iteration of the Working for Workers Five Act, 2023, which includes several amendments to various employment statutes, including the Employment Standards Act, 2000, the Occupational Health and Safety Act, and the Workplace Safety and Insurance Act, 1997.
Below is a brief summary of the key legislative changes for employers to keep in mind:
Amendments to OHSA
The Occupational Health and Safety Act has been amended to apply to remote work performed in a private residence. This is a new change to OHSA – previously, the OHSA restricted the Act from applying to work performed by the owner or an occupant of a private residence. This new exception may subject employees working from home to limits or conditions imposed by regulations, however, no such regulations have been published to date.
In another change, the OHSA has been amended to change the definitions of “workplace harassment”, “workplace sexual harassment”, and “Industrial establishment”. In particular, workplace harassment and workplace sexual harassment now include harassment that occurs virtually through the use of information technology and the definition of industrial establishment has been amended to clarify that an office in a private residence is not considered an “industrial establishment”.
Amendments to ESA
The ESA now requires employers to include in public job postings whether the posting is for an existing vacancy and any additional information that is prescribed by regulation. Furthermore, if an employer conducts an interview with an applicant for a publicly advertised job posting, they must provide the applicant with certain prescribed information by a certain timeframe. This information must be kept on record for three years from the date it is provided to the applicant. Furthermore, the maximum fine for breaching the ESA has doubled from $50,000 to $100,000.
Lastly, employers are now prohibited from requiring employees to provide a certificate from a qualified health care practitioner as proof of their entitlement to sick leave under the ESA. However, employers retain the right to ask an employee to provide information that would be “reasonable in the circumstances” with respect to requesting sick leave.
Amendments to WSIA
The WSIA has been amended to extend presumptive coverage for occupational cancers, heart injuries, and post-traumatic stress disorder for wildland firefighters and investigators. The WSIA has also been amended to address the required years of service for coverage of primary-site skin cancers, which is currently 10 years.
How can Whitten and Lublin help?
If you are an employer who would like further information with respect to the updates to the Working for Workers Five Act, please contact us online or by phone at (416) 640-2667.
Author – Abby Leung