Background
The Working for Workers Five Act, 2024 (Bill 190) is now law, bringing key changes to the Occupational Health and Safety Act (OHSA). These changes seek to address remote work, digital communication, and modern safety expectations.
If your workplace has not yet updated its policies to reflect this, now is the time to act. This article covers the key in-force amendments to the OHSA under Bill 190 and provides practical guidance for employers on compliance and managing risk.
For more information on Bill 190, please see our earlier publications here and here.
Key Changes and Employer Responsibilities
1. Workplace Harassment Policies Must Cover Virtual Misconduct
Bill 190 introduced a broader and more inclusive definition of “workplace harassment”, explicitly covering harassment and sexual harassment that occur virtually. This recognizes that many employees now work remotely or in non-traditional settings.
Considering this change, employers should:
- Update workplace violence and harassment policies to explicitly include virtual misconduct.
- Revise procedures for reporting and investigating digital harassment incidents.
- Train employees, managers, and supervisors on recognizing, preventing and responding to online harassment.
2. OHSA Now Applies to Remote Work
A significant amendment under Bill 190 makes the OHSA applicable to remote work performed in or about a private residence. This means that employers must ensure health and safety compliance extends to remote employees by:
- Reviewing and updating policies to address remote work safety concerns.
- Providing clear guidelines on home office ergonomics and hazard prevention.
- Ensuring remote employees are aware of their rights and responsibilities under the OHSA.
3. Digital Access to Workplace Safety Documents
Recognizing the shift toward digital workplaces, employers may now satisfy the OHSA’s posting requirements by providing electronic access to key workplace safety documents.
These include:
- A copy of the OHSA
- The Health and Safety at Work – Prevention Starts Here poster from the Ministry of Labour, Immigration, Training and Skills Development (MLITSD) (click here for a link to the poster)
- Workplace health and safety policies
- Workplace violence and harassment policies
- Names and locations of Joint Health and Safety Committee (JHSC) members
- Any MLITSD orders or monitoring results (if applicable)
To remain compliant, employers must ensure these documents are easily accessible and properly maintained and that employees are trained to find and use them.
4. Virtual JHSC Meetings Now Allowed
Previously, JHSC meetings were required to take place in the workplace. Bill 190 now allows these meetings to be held virtually, improving accessibility for remote and hybrid teams. However, compliance obligations remain, meaning employers must:
- Ensure all committee members can fully participate and have access to necessary technology.
- Structure meetings to encourage discussion and proper record-keeping.
- Maintain records to demonstrate that virtual meetings meet OHSA requirements.
Compliance Inspections
The MLITSD will be monitoring compliance with these new rules. Inspectors may:
- Request updated policies, training records, and compliance documentation.
- Verify digital postings to ensure accessibility.
- Review harassment policies and enforcement measures.
- Confirm that virtual JHSC meetings allow for full participation and proper documentation.
Failure to comply may result in fines, penalties, or legal liability. Employers should act quickly to update policies and implement necessary changes.
Conclusion
Bill 190 represents a major shift in workplace safety laws, especially for employers with remote or hybrid workforces. Updating harassment policies, ensuring digital access to required postings, and facilitating effective virtual JHSC meetings are key steps to compliance.
Additionally, construction industry employers must adhere to new sanitation and menstrual product provisions to create safer, more inclusive job sites.
Taking proactive steps now will help employers avoid legal risks while fostering a safe and equitable workplace. If you need assistance updating policies or ensuring compliance, our firm is here to help.
This publication provides general information and should not be relied on as legal advice or opinion. This publication is copyrighted by Hunter Legal LLP and may not be photocopied or reproduced in any form, in whole or in part, without the express permission of Hunter Legal LLP.