Are you aware of the recent amendments to Ontario's Occupational Health and Safety Act (OHSA) and related regulations? These changes, primarily introduced through the Working for Workers Five Act, 2024 (Bill 190), received Royal Assent on October 28, 2024, and have significant implications for employers. Below is an overview of the key changes, their impact on employers, and strategies for compliance.
1. Expansion of OHSA to Remote Work
Change: The OHSA now explicitly applies to telework performed in or about a private residence.
Impact on Employers: Employers are now responsible for ensuring the health and safety of employees working remotely. This includes assessing and mitigating risks associated with home-based work environments.
Compliance Strategies:
Develop Remote Work Policies: Create comprehensive policies that address ergonomic assessments, safe workstation setups, and emergency procedures for remote workers.
Conduct Virtual Assessments: Implement virtual safety assessments to identify potential hazards in employees' home workspaces.
Provide Training: Offer training sessions focused on safe remote working practices, including proper equipment use and emergency response.
2. Inclusion of Virtual Harassment in Workplace Harassment Definitions
Change: The definitions of "workplace harassment" and "workplace sexual harassment" have been expanded to include conduct that occurs virtually through the use of information and communications technology.
Impact on Employers: Employers must now address and prevent harassment that occurs through digital platforms, such as emails, messaging apps, and virtual meetings.
Compliance Strategies:
Update Harassment Policies: Revise existing policies to explicitly include virtual harassment, outlining unacceptable behaviours and reporting procedures.
Implement Reporting Mechanisms: Establish clear channels for employees to report virtual harassment incidents confidentially.
Conduct Training: Provide training to employees and management on recognizing, preventing, and responding to virtual harassment.
3. Electronic Posting of OHSA Information
Change: Employers are now permitted to fulfill certain OHSA posting requirements by providing information in a readily accessible electronic format.
Impact on Employers: This change offers flexibility in how mandatory health and safety information is communicated to employees, especially in remote or digital work environments.
Compliance Strategies:
Ensure Accessibility: Make electronic postings easily accessible to all employees, regardless of their location or technological proficiency.
Inform Employees: Clearly communicate to employees where and how they can access these electronic postings.
Maintain Records: Keep records of electronic postings to demonstrate compliance during inspections or audits.
4. Maintenance of Washroom Facilities
Change: Constructors and employers are required to ensure that washroom facilities provided for workers are maintained in a clean and sanitary condition.
Impact on Employers: There is an increased emphasis on hygiene standards in workplace facilities, necessitating regular maintenance and documentation.
Compliance Strategies:
Establish Cleaning Protocols: Develop and implement regular cleaning schedules for washroom facilities.
Maintain Cleaning Records: Keep detailed records of cleaning activities, including dates, times, and personnel responsible.
Conduct Inspections: Regularly inspect washroom facilities to ensure they meet cleanliness and sanitation standards.
5. Provision of Menstrual Products on Construction Sites
Change: Effective January 1, 2025, construction employers must provide menstrual products at any project where work is expected to last three months or more and where 20 or more workers are regularly employed.
Impact on Employers: This requirement promotes inclusivity and addresses the needs of female workers on construction sites.
Compliance Strategies:
Supply Menstrual Products: Ensure that tampons and pads are available in clear and hygienic dispensers at accessible locations on-site.
Maintain Privacy: Place dispensers in locations that guarantee a reasonable amount of privacy for users.
Communicate Availability: Inform all employees about the availability and location of menstrual products on-site.
6. Increased Penalties for ESA Contraventions
Change: The maximum fine for an individual convicted of violating the Employment Standards Act (ESA) has increased from $50,000 to $100,000.
Impact on Employers: There is a heightened financial risk associated with non-compliance, underscoring the importance of adhering to ESA requirements.
Compliance Strategies:
Review Compliance: Conduct regular audits to ensure all employment practices comply with ESA standards.
Educate Management: Train supervisors and managers on ESA obligations and the implications of non-compliance.
Implement Corrective Actions: Promptly address any identified compliance issues to mitigate potential penalties.
Conclusion
The recent amendments to Ontario's OHSA and related regulations reflect a commitment to modernizing workplace safety standards and addressing emerging challenges. Employers must proactively adapt to these changes by updating policies, providing training, and implementing robust compliance strategies. Staying informed and responsive to legislative developments is essential in fostering a safe and compliant work environment.
We Can Help! If you need any assistance in defining, developing or implementing your compliance strategies, please get in touch with Mike@Safety.Inc
For detailed information and official updates, refer to the Ontario government's official publications and the full text of Bill 190.
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