Bill 190, the Working for Workers Five Act, 2024, received Royal Assent on October 28, 2024. This legislation introduces significant amendments to key Ontario employment laws, including the Employment Standards Act, 2000 (ESA), the Occupational Health and Safety Act (OHSA), and the Workplace Safety and Insurance Act, 1997 (WSIA). These changes impact employer obligations and workplace policies, requiring proactive updates to ensure compliance.
Key Compliance Considerations
Updating Workplace Harassment Policies
Employers must review and revise their harassment policies to align with the new legal definitions, which now explicitly include technology-facilitated behaviours. Workplace sexual harassment and harassment definitions have been broadened to cover digital interactions, such as inappropriate emails, messages, video calls, and social media communications.
Enhancing Training Programs
Regular training will be essential to educate employees on recognizing and addressing virtual harassment. Organizations should implement comprehensive training programs that cover digital harassment risks, reporting mechanisms, and the role of technology in workplace interactions.
Strengthening Investigation Processes
Employers must ensure they have effective procedures for investigating virtual harassment complaints. HR teams may require additional training to handle digital evidence, which often plays a crucial role in these cases. Organizations should evaluate whether they have the expertise to conduct internal investigations or if external professionals should be engaged.
Expanding Employee Support Systems
Providing robust support for employees affected by digital harassment is critical. Employers should enhance access to counselling services, reinforce anti-retaliation measures, and ensure that employees feel safe reporting concerns.
With these legislative updates, employers must ask: Are workplace harassment and violence policies, as well as employee handbooks, up to date to reflect protections against virtual harassment?
Additional Considerations for Employers
Beyond harassment policy updates, Bill 190 introduces further workplace obligations that may require policy revisions:
Sick Leave Policy Updates: Employers must review attendance policies and employee handbooks to reflect changes in ESA-protected sick leave entitlements. This includes ensuring that alternative documentation requirements align with the updated legislation.
Occupational Health and Safety Compliance: Changes to OHSA now extend its application to private residences, requiring updates to workplace safety policies. Additionally, new posting requirements mandate that specific information be made available to employees.
Construction Industry Considerations: In preparation for January 1, 2025, construction employers should plan to provide feminine hygiene products at relevant job sites, ensuring compliance with upcoming regulatory requirements.
Next Steps for Employers
Employers should act now to assess policy gaps, update training programs, and implement necessary changes to remain compliant. As workplaces continue to evolve in the digital age, ensuring policies are reflective of both in-person and virtual work environments is essential for legal compliance and employee well-being.
