Ontario Open to Feedback on Working Even More for Workers: Comment on Bill 190, the Working for Workers Five Act, 2024
May 29, 2024 | By Emily Elder
The Ontario government continued its Working for Workers Act series of legislative updates with the introduction of Bill 190, Working for Workers Five Act, 2024 (the “Bill”) on May 6, 2024. The Bill’s present version proposes amendments to the following employment-related acts: Employment Standards Act, 2000 (the “ESA”); Occupational Health and Safety Act (the “OHSA”); and Workplace Safety and Insurance Act, 1997 (the “WSIA”). The Bill also proposes changes to a number of other acts.
As of May 16, 2024, the Bill passed Second Reading and is presently at the Standing Committee on Finance and Economic Affairs. This means the Bill may still change before it passes – and the government is asking for feedback on the ESA and OHSA amendments until June 10, 2024.
Bill 190 Proposes Changes to the ESA, the OHSA, and the WSIA
Bill 190’s amendments introduce new obligations for employers under the ESA and extend the scope of the OHSA and the WSIA.?
Proposed Changes to the ESA?
If passed, Bill 190 includes several new obligations for employers under the ESA.?
In its present form, Bill 190 leaves key terms undefined. We expect that either future regulations or future versions of this legislation will define “publicly advertised” and any exceptions to these new job posting obligations as well as the “prescribed information” to interviewees.?
Updated Health and Safety Requirements?
Bill 190’s proposed changes to the OHSA aim to modernize its application to reflect the digital and virtual aspects of the modern world of work.?
Expansion of the WSIA for Wildland Firefighters
Bill 190 expands the WSIA to provide presumptive coverage for post-traumatic stress disorder for wildland firefighters and wildland fire investigators.
It also provides presumptive coverage to firefighters and fire investigators (wildland or otherwise) for primary-site skin cancer, provided that the individual worked as a firefighter or fire investigator for 10 years before being diagnosed.?
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Other Proposed Changes
Bill 190 also proposes changes to certain statutes governing skilled trades and regulated professions.
Building Opportunities in the Skilled Trades Act, 2021
Fair Access to Regulated Professions and Compulsory Trades Act, 2006
These have less wide-ranging implications for employers. However, if these do impact your workforce or workplace, please consult your regular lawyer at Filion to discuss the potential impacts.?
New Regulated Obligation for Constructors
Also on May 6, 2024, the government introduced Ontario Regulation 190/24 under the OHSA. This regulation requires?constructors to provide menstrual products on construction projects with twenty or more workers expected to last three or more months, as of January 1, 2025. These menstrual products include both tampons and menstrual pads, which also must be kept clean and hygienic and must be made accessible to workers in reasonably private locations.
Takeaway
Although the proposed amendments in Bill 190, Working for Workers Five Act are not yet in force, employers may wish to begin preparing for some of the amendments by doing the following:
In addition, employers are invited to provide feedback on the proposed changes to the ESA and OHSA, until June 10, 2024. Talk to your regular Filion?lawyer about what these amendments might mean for you, and what input you should provide to the government.
Need More Information?
For more information or assistance with new employment legislation and obligations, contact Emily Elder at [email protected] or your regular lawyer at the firm.