How can organizations keep up with the shifting demands of workplace regulations? Where compliance goes beyond just dodging penalties, organizations are increasingly acting on building workplaces that are safe, fair and genuinely supportive for everyone involved. The recent passage of Bill 190, known as the Working for Workers Five Act, 2024, marks a transformative step forward for worker protections in Ontario. Signed into law on October 28, 2024, this legislation brings key amendments to the Employment Standards Act, 2000, the Occupational Health and Safety Act (OHSA) and the Workplace Safety and Insurance Act (WSIA). Some provisions took immediate effect, while others will roll out gradually, underscoring the need for businesses to stay alert and adaptable.
But what do these changes mean for employers and employees on a practical level? This blog explores the essential updates introduced by Bill 190, highlights their importance and provides a roadmap for how organizations can prepare to implement them effectively. We’ll also discuss how Sodales for Enterprise Health, Safety and Employee Relations’ adaptable compliance platform empowers organizations to navigate these updates seamlessly, ensuring continuous compliance and encouraging a culture of safety and accountability. Whether you’re an HR leader, a business owner or an employee eager to understand your rights, this guide will help you stay informed and proactive about Ontario’s evolving workplace regulations.
Understanding the Key Amendments
Following its royal assent, Bill 190 has ushered in significant changes that impact workplaces, amending key laws that impact all businesses across Ontario. Here’s what employers and employees need to know about these critical updates and how they may affect workplace practices:
- The Employment Standards Act, 2000 (ESA): Bill 190 introduces several new provisions to enhance worker rights and increase transparency in recruitment and leave policies. A key addition is the requirement for all publicly advertised job postings to disclose whether they are for an existing vacancy or simply creating a pool of candidates for future roles. This requirement, awaiting proclamation, is intended to increase transparency and fairness for job applicants. Another significant change is the introduction of a “duty to inform” for employers, which requires employers to provide job applicants with certain prescribed information after an interview to prevent “ghosting.” Also, effective immediately, employers are now prohibited from requiring a doctor’s note for ESA sick leave, although they may still request “reasonable” evidence of entitlement. The amendments also double the maximum fines for individuals violating the ESA, increasing the penalty from $50,000 to $100,000.
- The Occupational Health and Safety Act (OHSA): Bill 190 expands the scope of OHSA to better protect workers in both physical and virtual workplaces. Notably, the Act now applies to telework performed in or about a private residence, ensuring remote workers receive the same health and safety protections as those on-site. Employers are also allowed to conduct joint health and safety committee meetings remotely, which offers greater flexibility. The definition of “workplace harassment” has been broadened to include harassment that occurs virtually, covering incidents through digital platforms. Also, employers can now fulfill posting requirements (such as posting copies of OHSA and health and safety policies) electronically, as long as the information is easily accessible to workers. An upcoming amendment, yet to be proclaimed, will mandate that employers maintain clean and sanitary washroom facilities, with potential additional regulations around washroom conditions.
- Workplace Safety and Insurance Act (WSIA): Bill 190 includes important changes to the WSIA, particularly concerning presumptive coverage for certain illnesses. Effective immediately, wildland firefighters and fire investigators are now covered under presumptive provisions for post-traumatic stress disorder (PTSD), acknowledging the mental health risks associated with their roles. Also, once proclaimed, the Act will extend presumptive coverage for primary-site skin cancer to designated firefighters and fire investigators with at least 10 years of service, further supporting these high-risk workers.
Both employers and employees need to stay informed about these phased rollouts to ensure ongoing compliance. Organizations should keep an eye on official announcements by the Ontario government regarding the activation of remaining provisions.
Why Bill 190 Matters
The passage of Bill 190 represents a landmark shift in Ontario’s approach to workplace safety and employee rights. This legislation, more than just an update to existing laws, reflects a proactive commitment to modernizing workplace protections in response to the evolving needs of today’s workforce. As businesses navigate the challenges of employee relations, safety standards and compliance, Bill 190 addresses these needs head-on, ensuring that workplace laws align with current realities.
One of the core aims of Bill 190 is promoting safety and well-being across Ontario workplaces. Through amendments to the OHSA, the legislation sets higher standards for maintaining safe, hazard-free work environments. In Canada, workplace injuries cost employers over $20 billion annually in lost productivity and healthcare expenses, underscoring the economic and human imperative of strong safety standards. With these new safety protocols, organizations can reduce workplace hazards, creating an environment where employees feel secure and encouraged to report concerns without fear of retribution.
In addition to safety enhancements, Bill 190 also strengthens employee rights by expanding the ESA to better protect workers in a changing labor landscape. The rise of hybrid work, the gig economy and a greater emphasis on mental health have shifted expectations and traditional employment standards have struggled to keep up. By bolstering job security and expanding protections, these updates align labor laws with today’s workforce demands. This is especially timely, as surveys indicate that nearly 53% of Canadian employees felt negatively about their workplace, feeling overworked or undervalued in 2023 – a sentiment that has driven a wave of turnover. Enhancing workers’ rights under Bill 190 therefore serves as a critical measure for both supporting employees and helping employers retain talent in an increasingly competitive labor market.
This Bill also improves processes and accountability, particularly in how workplace injury claims are handled. Changes to the WSIA streamline the compensation claims process, making it simpler for injured employees to access support without excessive delays. While employees gain faster access to recovery resources, employers can better manage disruptions and facilitate return-to-work plans.
Overall, this Bill is a forward-thinking measure that addresses the needs of both employees and employers. As Ontario doubles down on workplace safety, employee empowerment and transparent processes, the expected ripple effect on workplace morale, productivity and well-being will likely benefit both sides. This legislation serves as a reminder that adapting to change is essential not only for legal compliance but for promoting a supportive, resilient workplace culture.
What Employers Need to Know
Employers have a critical role in implementing the changes introduced by Bill 190, ensuring that their organizations comply with the new standards and support the safety and rights of their workforce. Here are the key actions employers should consider:
- Review and Update Policies: To meet the new standards, businesses must thoroughly review and adjust their HR and safety policies. This process includes not only updating workplace safety procedures but also ensuring that documentation accurately reflects current working conditions. Employers should consider a comprehensive audit of their existing protocols to identify any gaps in compliance, from health and safety checklists to emergency preparedness plans. Documentation is essential for legal compliance, but it also provides employees with clear information on what to expect and how to respond in different situations.
- Training and Compliance: A significant part of complying with Bill 190 lies in educating the workforce. Employers should implement thorough training for all levels of staff, ensuring that both management and employees understand the new requirements and their role in maintaining a safe workplace. This might include tailored safety training, communication workshops and compliance refreshers. Investing in regular, hands-on training not only aids compliance but also cultivates a proactive culture where safety and accountability are prioritized. Studies show that companies with consistent safety training see fewer incidents and a more engaged workforce—both valuable outcomes for a business’s bottom line.
- Preparation for Future Provisions: Since Bill 190 includes amendments that will come into effect on a phased basis, employers need to adopt a forward-thinking approach. Staying proactive involves monitoring legislative updates and preparing for any additional requirements that may soon come into force. Partnering with legal and HR experts is highly advisable, as they can help anticipate future compliance needs and streamline the adaptation process. This preparation not only positions companies to act quickly but also reassures employees that their workplace is committed to maintaining the highest standards.
Also, employers should explore compliance tools or platforms that offer automated updates and reporting features. Tools like those offered by Sodales for Enterprise Health, Safety and Employee Relations can be invaluable in helping organizations adapt to these phased legislative changes efficiently, reducing the administrative burden and minimizing the risk of non-compliance. In an environment where regulatory expectations are rising, a commitment to ongoing compliance and employee safety can provide a competitive advantage and help employers attract and retain top talent. By proactively updating policies, investing in training and preparing for future changes, employers can set a strong foundation for compliance under Bill 190. For organizations looking for a streamlined, adaptable solution to manage these requirements seamlessly, Sodales offers a comprehensive compliance platform that simplifies adherence to evolving workplace regulations.
How Sodales Supports Organizations with Bill 190 and Workplace Safety Regulations
Navigating the complexities of evolving legislative requirements like those in Bill 190 can be overwhelming for organizations, but Sodales offers a powerful way to stay compliant and forward-thinking. With Sodales’ all-in-one compliance platform, employers can seamlessly align with updates to the Employment Standards Act, OHSA and WSIA, empowering HR teams to efficiently manage everything from safety protocols to reporting and compensation processes. For instance, in the realm of health and safety, where regulations often shift to address new risks, Sodales’ platform ensures that companies remain up-to-date and compliant, reducing the likelihood of workplace incidents, promoting a proactive safety culture. With automatic updates to reflect the latest standards, Sodales equips organizations with the tools necessary to protect themselves and their workforce, which inevitably will help in reducing workplace injuries, costly fines and reputational risks associated with non-compliance.
Their widespread suite of solutions for health, safety and employee relations is designed to be both adaptable and intuitive, allowing organizations to stay ahead of regulatory changes and build a proactive, safety-focused workplace culture. By choosing Sodales, companies can create a stronger commitment to accountability, safety and continuous compliance. Explore all the features Sodales offers here and see how they can help you strengthen your compliance strategy.
Embracing Change for a Safer, Fairer Workplace Environment
Bill 190, the Working for Workers Five Act, 2024, marks a pivotal shift in Ontario’s commitment to worker safety and rights. Both employers and employees must embrace these changes to ensure compliance and reap the benefits of enhanced safety standards. For organizations, staying informed on legislative updates and integrating these adjustments into daily practices will be essential to creating safer, more equitable workplaces.
For further details on the specifics of the amendments, you can refer to the full text of Bill 190 here.
