OHSA & ESA Compliance in 2025: What Ontario Employers Need to Know

Running a business in Ontario means staying ahead of legal changes.

The Occupational Health and Safety Act (OHSA) and Employment Standards Act (ESA) set the foundation for workplace safety and employee rights. If you don’t comply, you’re risking fines, lawsuits, and reputational damage.

And now, 2025 brings new laws that will affect businesses of all sizes.

Why Compliance Matters More Than Ever

Failing to meet OHSA or ESA standards isn’t just a paperwork problem. It can cost you.

Financial Penalties: Up to $1.5M for corporations and $100K for individuals under OHSA. Legal Action: Employees can file complaints leading to government investigations. Reputation Damage: Non-compliance can lead to bad press, loss of trust, and hiring challenges.

The fix? Regular audits, real training, and policies that are more than just words on paper.

Key OHSA Updates for 2025

OHSA ensures workplaces are safe, fair, and free from hazards. This includes everything from physical safety risks to mental health protection.

1?? Violence & Harassment Policies (Bill 190)

• Every Ontario business with six or more employees must have a clear anti-harassment and violence policy.
• Bill 190 expands this to include digital harassment, covering online interactions between employees.

2?? Remote Work Compliance

• Employers must conduct ergonomic assessments for remote workers.
• Home office setups must prevent musculoskeletal disorders (e.g., back and neck pain).

3?? Mandatory Health & Safety Training

• Workplace Hazardous Materials Information System (WHMIS) training must be updated regularly.
• Joint Health and Safety Committees (JHSCs) are required for businesses with 20+ employees.
• Supervisors must complete mandatory health and safety awareness training.

4?? Electronic Monitoring Transparency

• Employers must disclose all electronic monitoring practices (e.g., tracking software, surveillance cameras).
• Employees must know what is monitored, how, and why.

Key ESA Updates for 2025

ESA governs wages, hours, leave entitlements, and fair treatment.

1?? Minimum Wage Increase ($17.70/hr)

• Ontario’s minimum wage increases to $17.70/hour in April 2025.
• Special rates still apply to students, liquor servers, and home workers.

2?? Overtime Pay Enforcement

• 1.5x overtime pay required for work over 44 hours per week.
• New tracking requirements for remote employees ensure accurate records of work hours.

3?? Pay Transparency Laws (2026)

• All job postings must include salary ranges to prevent pay discrimination.
• Employers must explain their pay structures if audited.

4?? Long-Term Illness Leave (27 Weeks)

• Employees with serious medical conditions can take up to 27 weeks of unpaid, job-protected leave (effective June 2025).
• Employers must reinstate employees after leave ends.

What Happens If You Don’t Comply?

If you ignore OHSA and ESA updates, here’s what can happen:

?? Hefty fines: Up to $250K under the Fighting Against Forced Labour Act.

?? Legal disputes: Employees can file claims with the Ministry of Labour.

?? Surprise audits: Government inspectors can randomly check compliance.

?? Reputational damage: Bad press can make hiring (and retaining) employees harder.

How Employers Can Stay Ahead

?? Audit Your Workplace: Check for compliance gaps before regulators do.

?? Update Your Policies: Ensure your harassment, monitoring, and wage policies meet 2025 laws.

?? Train Your Employees: Mandatory training isn’t optional—make sure it’s documented.

?? Keep Accurate Records: Payroll, hours worked, and policy updates must be trackable and accessible.

?? Use Compliance Tools: The Ministry of Labour’s Compliance Toolkit can help businesses self-audit.

Final Thoughts

2025’s OHSA and ESA changes represent a fundamental shift in workplace law.

The businesses that prepare now will avoid fines, legal trouble, and reputation damage.

Those that wait? They may learn the hard way.

Is your company ready?

FAQs About OHSA and ESA Changes in 2025

1. What is the penalty for failing to provide required employee training under OHSA? Employers who fail to provide mandatory safety training, such as WHMIS or supervisor training, can face fines up to $100,000 for individuals and $1.5 million for corporations.
2. Are small businesses exempt from OHSA requirements? No, even small businesses must comply with OHSA. However, businesses with fewer than 20 employees are not required to have a Joint Health and Safety Committee (JHSC) but must still ensure workplace safety.
3. How can employers prove compliance with OHSA and ESA? Employers should maintain written records of training, incident reports, employee work hours, and wage payments. Conducting internal audits using MOL toolkits can also help demonstrate compliance.
4. Can an employer monitor remote employees under OHSA? Yes, but Bill 190 requires employers to disclose electronic monitoring policies, including the purpose, method, and scope of surveillance.
5. What should an employer do if an employee refuses unsafe work? The employer must investigate the hazard and take corrective action if necessary. If the issue remains unresolved, the employee can report it to the MOL for further inspection.
6. Do OHSA rules apply to independent contractors? OHSA applies to all workers, including independent contractors, if they are working under the control of an employer in Ontario.
7. What is the difference between severance pay and termination pay under ESA? Termination pay is compensation in place of notice for employees being let go, while severance pay applies to long-term employees in large businesses (50+ employees or a payroll of $2.5M+).
8. What are the rules for unpaid internships in Ontario? Unpaid internships are generally illegal unless they fall under specific exemptions, such as formal educational programs or co-op placements.
9. How often should workplace harassment policies be reviewed? Employers must review and update workplace violence and harassment policies at least once a year to ensure they reflect current laws and risks.
10. Can an employer reduce an employee’s pay due to financial difficulties? No, employers cannot reduce an employee’s agreed-upon wage without the employee’s written consent, even during financial hardship.

Glossary of Key Terms

1. OHSA (Occupational Health and Safety Act) – Legislation that sets out workplace safety requirements in Ontario.
2. ESA (Employment Standards Act) – Law governing employment conditions, including wages, hours, and leave entitlements.
3. Ministry of Labour (MOL) – Government body responsible for enforcing OHSA and ESA compliance.
4. Duty of Care – Legal obligation for employers to provide a safe work environment.
5. Risk Assessment – Evaluation process to identify and mitigate workplace hazards.
6. Ergonomic Assessment – Analysis of workspaces to prevent musculoskeletal injuries.
7. Workplace Violence and Harassment Policy – Mandatory policy to prevent and address harassment and violence at work.
8. Workplace Hazardous Materials Information System (WHMIS) – Safety training required for handling hazardous substances.
9. Joint Health and Safety Committee (JHSC) – Group responsible for workplace safety inspections and recommendations.
10. Health and Safety Awareness Training – Mandatory training for supervisors to understand their safety responsibilities.
11. Bill 190 – 2025 legislation expanding workplace harassment definitions and electronic monitoring disclosures.
12. Electronic Monitoring – Employer surveillance practices that must be disclosed to employees.
13. Minimum Wage – The lowest legal hourly pay rate, increasing to $17.70/hour in April 2025.
14. Overtime Pay – Compensation at 1.5 times an employee’s regular wage for work over 44 hours per week.
15. Pay Transparency – Requirement for employers to include salary ranges in job postings starting January 2026.
16. Long-Term Illness Leave – 27-week unpaid leave for employees with serious medical conditions, effective June 2025.
17. Severance Pay – Compensation owed to long-term employees (5+ years) upon termination in large businesses.
18. Record-Keeping – Legal requirement for employers to maintain payroll and employment records for at least three years.
19. Supply Chain Act – Law requiring annual forced labor risk reports by May 31, 2025.
20. Fighting Against Forced Labour Act – Legislation penalizing businesses engaged in labor exploitation, with fines up to $250,000.