Ontario’s Bill 190: The Working for Workers Five Act, 2024

On October 28, 2024, Ontario’s Bill 190: The Working for Workers Five Act, 2024,  received Royal Assent. If passed, the Bill will introduce several changes that could impact your business operations. Specifically, the bill has introduced several amendments to the Ontario Employment Standards Act (ESA) and the Ontario Occupational Health and Safety Act (OHSA).

To help you stay on the right side of the law, let’s break it down into what’s changing, when it’s happening, and what you need to do to stay compliant.

Sick leave documentation changes

As of October 28, 2024, if an employee takes sick leave, under the ESA-provided sick leave days, you can’t ask them to provide a doctor’s note. Instead, you can ask for “reasonable evidence” to support the leave.

While the bill does not clearly define what qualifies as "reasonable evidence" for sick leave a personal statement (written or verbal) may be acceptable.

It’s advisable to establish your own guidelines within legal boundaries. For example, a more structured approach could include requesting additional evidence only after all legislatively provided sick days have been used or for extended absences, such as three or more consecutive days.

It’s also important to note that you can still request a doctor’s note if your employee’s sickness extends the ESA-provided sick leave days.

What you should do:

• Update your sick leave policy (if you have) to remove any clauses that mandate a doctor’s note for sick leave.

• Let your employees know about the change so there’s no confusion.

• Decide what “reasonable evidence” means for your business.

Increased fines for non-compliance

The maximum fines for individuals convicted of an offence under the ESA has doubled from $50,000 to $100,000. This is in effect now and has been since October 28, 2024, solidify the importance of adhering to employment standards and avoiding large fines.

What you should do:

• Seek professional employment relations advice to ensure you’re in line with the law and avoid hefty penalties.

• Train your managers so they understand employee rights and how to stay compliant.

• Review your employment policies to make sure they align with ESA requirements.

• Be proactive—it’s easier (and cheaper) to fix issues now than deal with fines later.

Job posting transparency

If you’re caught up on all the changes being introduced from Bill 149: The Working for Workers Four Act, 2024, then you’ll know that changes to job posting are incoming. Bill 190 brings additional requirements for job posting.

When this comes into effect you will need to disclose whether a job posting is for an existing vacancy. While the exact implementation date is pending, it’s wise to prepare for this change.

What you should do:

• Start including statements about the status of the vacancy in your job advertisements.

• Keep an eye out for official announcements on the rollout date so you’re ready when the law kicks in.

Remote work is officially covered under OHSA

As mentioned, Bill 190 hasn’t just brought amendments to the ESA, but also the Occupational Health and Safety Act (OHSA).

Applicability of OHSA has been expanded to telework performed in or around a private residence or the lands and equipment used in connection with the private residence. This means as the employer, you  have a responsibility to ensure employees have a safe work environment—even if that “office” is a kitchen table.

What should you do:

• Review work-from-home policies to ensure it includes health & safety guidelines.

• Provide employees with ergonomic tips or resources to help them set up a proper workspace.

• Check in regularly—just because they’re out of sight doesn’t mean they should be out of mind when it comes to safety.

Virtual harassment is workplace harassment

Harassment laws have now expanded beyond the physical office. As of October 28, 2024, the definitions of workplace harassment and workplace sexual harassment have been expanded to include harassment that occurs in a workplace virtually through the use of information and communications technology. For example, over email, video calls, or messaging apps is officially considered workplace harassment under OHSA.

What you should do:

• Update your harassment policies to include digital interactions.

• Train your team on acceptable online behaviour.

• Make sure employees know how to report online harassment and that concerns are addressed quickly.

Health & safety meetings can be virtual

Good news for hybrid and remote workplaces. As of October 28, 2024, Joint Health and Safety Committee (JHSC) meetings can now be held virtually. No more scrambling to get everyone in the office just for a safety check-in.

What you should do:

• Set up a reliable platform (Zoom, Teams, etc.) for virtual JHSC meetings.

• Make sure all committee members know how to access and participate in these meetings.

• Keep records of meetings just like you would for in-person sessions.

Health & safety information can be posted digitally

JHSC meetings aren’t the only thing that has now moved into the digital space. Since, October 28, 2024, you can post required OHSA information electronically, as long as employees can easily access it.

Specifically, this means that you, as the employer, must provide workers with direction on where and how to access the information. And the information must be posted in an electronic format that workers in the workplace can readily access.

What you should do:

• Decide where to post information digitally, such as occupational health & safety software.

• Make sure all employees know where to find it.

• Ensure accessibility so everyone, including remote workers, can view it.

Washroom maintenance requirements

While this doesn’t come into effect till July 1, 2025, future regulations will require you  to maintain washroom facilities in a clean and sanitary condition, with specific standards to be outlined and records to prove it.

What you should do:

• Assess your washroom maintenance routine—is it up to standard?

• Create a cleaning schedule and log each cleaning session (these logs must be posted somewhere visible or available digitally).

• Get your facilities team involved now to avoid last-minute compliance issues.

How to handle these changes effectively

These changes are designed to make workplaces safer and more modern—but they do come with responsibilities for employers. By taking action now, you can ensure compliance and create a better working environment for your team.

Plus, the sooner you adapt, the smoother the transition will be. And at BrightHR we have all you need to navigate the evolving landscape of employment laws in Ontario.

From 24/7 employment relations advice to an HR document library packed with up-to-date policies that can easily be tailored for your business.  But that’s not all, we also have you covered when it comes to occupational health & safety. With a 24/7 health & safety advice line and a range of health & safety management tools to help you take your health & safety practices into the digital world.

Book a demo with one of our friendly experts today and see how you can maintain compliance for both your employment responsibilities and health & safety.