On October 28, 2024, Ontario’s Working for Workers Five Act, 2024 received royal assent, marking a significant milestone in the province’s employment landscape. This comprehensive legislation introduces a series of amendments to various employment-related statutes, including the Employment Standards Act, the Occupational Health and Safety Act, and the Workplace Safety and Insurance Act. This latest addition to the “Working for Workers” Acts enacted over the past few years in Ontario aims to enhance worker protections, improve workplace safety, and foster a more equitable work environment.

Key Changes Introduced by the Working for Workers Five Act

Enhanced Rights for Job Seekers

The Working for Workers Five Act introduces two critical protections for job seekers under the Employment Standards Act:

• Transparency in Job Postings: Employers must now disclose whether a position is for an existing vacancy in publicly advertised job postings. This aims to prevent employers from posting jobs without genuine intent to fill them. Promoting transparency in job postings helps ensure fair recruitment practices and reduces frustration and disappointment for job seekers.
• Mandatory Response to Job Applicants: Employers must respond to applicants they have interviewed within a specified timeframe. This provision promotes respectful and timely communication with job seekers, ensuring they are not left in the dark. Future regulations will prescribe certain information to be provided to candidates.
• Retention of Interview Information: Employers are now required to retain job postings and related information for three years after the information was provided to the job applicant.

Improved Washroom Facilities for Workers

Critical changes to the Occupational Health and Safety Act include a requirement for constructors to provide clean and sanitary washroom facilities for workers’ use. Other employers must also keep their workers’ washrooms clean and safe. This change aims to create a healthier and more dignified work environment.

Additionally, employers are now required to maintain and make available records of washroom facility cleaning, as prescribed by regulations. This measure enhances accountability and transparency, allowing for effective monitoring and enforcement.

Expanded Definition of Workplace Harassment

The definitions of “workplace harassment” and “workplace sexual harassment” under the Occupational Health and Safety Act now include certain virtual activities. The new definition now reads:

“workplace harassment” means,

(a) engaging in a course of vexatious comment or conduct against a worker in the workplace, including virtually through the use of information and communications technology, that is known or ought reasonably to be known to be unwelcome; …

“workplace sexual harassment” means,

(a) engaging in a course of vexatious comment or conduct against a worker in a workplace, including virtually through the use of information and communications technology, because of sex, sexual orientation, gender identity or gender expression, where the course of comment or conduct is known or ought reasonably to be known to be unwelcome, … [emphasis added]

Abolition of Sick Note Requirements

The Working for Workers Five Act changes the sick leave provisions under the Employment Standards Act by eliminating the requirement for employees to provide a medical certificate (sick note) to justify their absences due to illness.

Employers are still permitted to require an employee who takes sick leave to provide reasonable evidence of their entitlement to sick leave without being able to demand a sick note specifically. This change simplifies the process and reduces the administrative burden on both employees and healthcare providers.

Increased Penalties for ESA Violations

Penalties for contravening the provisions of the Employment Standards Act are now more severe. The maximum fine for individuals convicted of violating the Employment Standards Act has been doubled to $100,000. This increased penalty underscores the seriousness of workplace violations and serves as a deterrent.

Strengthened Protections for Frontline Fire Workers

The Working for Workers Five Act amends the Workplace Safety and Insurance Act (WSIA) to extend protections to specific frontline workers. It grants presumptive coverage under WSIA for post-traumatic stress disorder to wildland firefights and wildland fire investigations.

Additionally, on a date to be proclaimed in the future, presumptive coverage for primary-site skin cancer will be extended to firefighters and fire investigators as set out in the WSIA regulations. To be eligible under this new protection, the worker will have had at least 10 years of service before being diagnosed.

Implication for Ontario Employers

The changes introduced by the Working for Workers Five Act have far-reaching implications for employers in Ontario. To ensure compliance, employers should take the following steps:

• Review Employment Policies and Procedures: Conduct a thorough review of existing employment policies and procedures and update them to ensure they align with the new legislative requirements.
• Train Human Resources and Management: Provide comprehensive training to HR and management staff on the new requirements. This will help them understand their obligations and implement the necessary changes.
• Communicate with Employees: Inform employees about the changes introduced by this new legislation, emphasizing the importance of workplace health and safety, transparency, and fairness. Encourage open communication with staff and address their concerns or questions.
• Consult with Legal Counsel: Consult with a knowledgeable employment lawyer to obtain tailored guidance on implementing these changes to the particular circumstances of your workplace.

Contact Willis Business Law for Cutting-Edge Employment Law Advice in Windsor-Essex

The Working for Workers Five Act represents a significant step forward in protecting the rights and well-being of Ontario’s workforce. By addressing issues such as job security, workplace safety, and employee dignity, the Act aims to create a fairer and more equitable employment landscape.

At Willis Business Law, our professional employment lawyers help Ontario employers stay informed about legislative changes impacting their rights and obligations. We create innovative legal solutions that empower employers to proactively mitigate risk, enhance employee morale, and foster a productive and profitable work environment. To discuss your workplace matter with a member of our team, please call 519-945-5470 or contact us online.