2024 Health and Safety Changes in Ontario: What You Need to Know
Mike Russo, occupational hygienist and health and safety consultant at WorkBright, was recently joined by Luiza Vikhnovich, lawyer at Sherrard Kuzz Employment and Labour Lawyers, in a live webinar exploring recent amendments to Ontario’s Occupational Health and Safety Act (OHSA). The session drew over 80 participants from a wide range of industries, all seeking a clearer understanding of the implications of these changes.
Luiza’s practice includes a strong focus on occupational health and safety, including Ministry of Labour prosecutions and investigations into critical injuries, harassment, and discrimination. Mike helps organizations reduce the risk of harm to workers and implement strategies that support compliance and demonstrate due diligence.
This article breaks down the key OHSA changes discussed during the webinar — and what Ontario employers need to know to stay compliant in 2024 and beyond.
Changes to the Occupational Health and Safety Act in Ontario
The Government of Ontario recently made amendments to the Occupational Health and Safety Act (OHSA) that stemmed from the Working for Workers Five Act. These aimed to modernize the Act to align with contemporary work environments, focusing on remote working conditions, electronic postings, robust washroom cleanliness standards (yet to come into force), and expanded definitions of workplace harassment.
1. Extending the OHS ACT to Include Home Offices
About 20% of Canadians work most of the time from home according to Statistics Canada, and likely higher when considering those who work from home at any time at all.
Private residences have traditionally been excluded from the requirements of the Occupational Health and Safety Act. But these amendments to the Act have extended its application to include telework – reflecting a significant move towards comprehensive worker protection in all environments. This change in particular raises several questions about compliance and managing risk to workers.
Whether it is a slip and fall in a home, violence or threats to a teleworker, or musculoskeletal disorders from improper computer workstation set ups, one thing is certain – it can be trickier for workplaces to ensure the health and safety of its employees who work from their homes.
It will be interesting to understand how this particular amendment plays out.
Interested in bringing a trusted health & safety expert to speak with your team or committee?
We wanted to enhance our occupational health & safety team’s understanding of amendments to the Occupational Health and Safety Act. Mike’s extensive knowledge in OHS and engaging presentation style captivated everyone. This experience has better prepared us for challenging situations, driven our team’s engagement, and significantly improved our staff’s knowledge.
Interested in bringing a trusted health & safety expert to speak with your team or committee?
2. Electronic Posting of the Act, Committee Members and Health and Safety Policy
The need for physical postings of health and safety information in traditional workplaces is diminishing. Today, providing these forms of information to workers is often done through computers and smartphones. The Occupational Health and Safety Act now allows for certain health and safety information to be made available electronically to workers along with specific requirements.
Digital format of the OHSA:
Instead of the traditional ‘greenbook’ that is customarily displayed in many workplaces, electronic copies of the OHSA will now be allowed under two conditions:
- Employers must provide clear instruction on how and where to access the act and regulations.
- The information must be easily accessible to workers.
This is an opportunity for workplaces to revisit their onboarding for new employees, ensuring this information is communicated. Postings in the workplace are still permitted, but some workplaces may choose to supplement this with clear instruction on how to access digital copies.
One thing is certain – this change avoids confusion and should make it easier for workplaces to ensure documentation control.
Digital Access to the Names and Locations of Committee Members
Prior to these changes, the names and work locations of Joint Health and Safety Committee were required to be physically posted. With these changes to the OHS Act, they may now be made available electronically, subject to the same requirements for making it accessible.
Digital copy of the Company Health and Safety Policy
A workplace must develop a health and safety policy that describes the employer’s commitment to maintaining a healthy and safe environment. Previously a physical copy was required to be posted physically but now access to a digital copy is permitted.
Accessing the Occupational Health and Safety Act and Regulations Electronically
With workplaces now permitted to provide electronic access to the Occupational Health and Safety Act and regulations, resources like eLaws offer a practical way to ensure this information is available to all workers in a digital format.
3. Ensuring washroom facilities are clean in all workplaces
At the time of publishing this article, one of the amendments introduced in the Working for Workers Five Act was yet to come into force. Once proclaimed (date TBD), stronger requirements for washrooms will be included in the OHS Act. Employers in all industries, not just Constructors in construction, would be required to keep washroom facilities clean and sanitary. They would also need to keep records of the cleaning.
There does not appear to be any standard outlining what “clean and sanitary” mean. However, the Ontario Government consulted the public on a Proposal for New Regulation for Posting Records of Washroom Cleaning. It is possible that a standalone regulation could provide greater detail on some of these unknowns.
4. Broadening the Scope of Workplace Harassment
In 2022, there were over 5,700 contraventions for violence and harassment in Ontario workplaces. There were probably much more that are unknown about.
Workplace violence and harassment is a pressing issue in many workplaces. Coupled with the rise in digital communication platforms, such as email, text messages, and social media, workplace harassment can occur beyond traditional work locations. The OHS Act now explicitly includes virtual interactions as part of the definitions for workplace harassment and workplace sexual harassment.
This change may be significant on the face of it, but in reality likely changes little. Many incidents of workplace harassment involving virtual means have always been considered. This change presents an opportunity for employers to revisit their workplace violence and harassment policies and program to ensure they align with these requirements, and to ensure all workplace parties – management and workers – understand expectations.
Check out WorkBright’s article on Keeping Employees Safe from the Hazards and Risks of Working from Home.
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