Another Legal Update! Ontario Tables Working for Workers Five Act, 2024 (aka Bill 190).
On May 6, 2024, the Ontario government set in motion Bill 190, the Working for Workers Five Act, which builds on the previous four “Working for Workers” Bills.
Notably, Bill 190 aims to increase opportunities in the skilled trades, assist women in the workplace and eliminate employment barriers though amendments to amendments to numerous statues, specifically the Occupational Health and Safety Act (OHSA) and the Ontario Employment Standards Act, 2000 (ESA).
Amendments to the Ontario Occupational Health and Safety Act (OHSA)
Changing with the times, the government of Ontario has proposed amendments to the OHSA focusing on the presence of technology in and outside the workplace and catering to women’s health, wellness, and safety in the skilled trades. These include:
Virtual Harassment: To protect employees from harassment that takes place online, the definitions of “workplace harassment” and “workplace sexual harassment” under OHSA will include virtual harassment if Bill 190 is passed.
Female Facilities: First of its kind, larger construction sites will now require menstrual products if Bill 190 is passed, which helps women feel more welcome in male-dominated careers. This is a strategic approach could assist with combating Ontario’s job scarcity by directing women towards sectors experiencing worker shortages, such as the skilled trades.
Washroom Cleanliness: Legislative and regulatory changes will ensure that workplaces, both construction and non-construction, will enforce that washrooms are always clean and sanitary by keeping records of regular washroom cleaning.
Working From Home: The scope of the OHSA will expressly apply to work performed in a private residence, and/or the lands and/or accessories used in connection with the residence.
Amendments to the Ontario Employment Standards Act, 2000 (ESA)
Important Amendments to ESA proposed under Bill 190 include:
No More Doctor’s Notes: Employees will no longer have to provide a mandatory doctors note from a health practitioner if they take a sick leave and employers are not allowed to ask for one. This could be attributable to the struggle for citizens in Ontario to get an appointment with their family doctor post pandemic. However, employees may be required to “provide evidence reasonable in the circumstances” to substantiate their leave.
Publicly Advertised Job Postings: Employers will be required to disclose whether the job they are advertising for is currently vacant or not, with some (yet to be determined) exceptions.
Candidate “Ghosting”: To prevent candidate “ghosting” (i.e. the phenomenon where a candidate interviews for a job but never hears from the prospective employer again), employers will be required to provide “prescribed information” (definition pending) to candidates who have interviewed for the position.
Increased Penalties: For those who violate the ESA, Bill 190 proposes doubling the maximum fine from $50,000 to $100,000.
Key Takeaways
The team at Goulart Workplace Lawyers will continue to monitor Bill 190’s progress through the Ontario Legislature and keep you updated on any changes made.
Should have any questions in the interim, we would be please to assist you.
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* Special thanks to our Summer Student, Rana Ak, for her assistance in preparing this informative blog post!
