We assist clients manage all kinds of risks associated with employment. Legislative compliance is one such risk.
Let’s address frequently neglected obligations of an employer that we are rarely asked about. It is fall, almost Halloween, and we are not here to scare you, but how about an HR check-up?
If you are a provincially-regulated employer in Ontario, to ensure workers know their rights, you must have the following:
- Employment Standards Act poster. This is no longer required to be posted but rather must be given to all new hires within 30 days of their start date;
- Occupational Health and Safety Act poster entitled, “Health and Safety at Work”;
- A copy of the Occupational Health and Safety Act (OHSA) –Yes, the entire act;
- Under the OHSA, the employer must also post the names and locations of the workplace joint health and safety committee members, provided it is a workplace with more than 20 employees; and
- If your workplace is covered by the Workplace Safety Insurance Board, the “In Case of Injury Poster” must be prominently displayed in the workplace.
The posters are free through the Ministry of Labour.
Additionally, the following policies are also required by law and should be posted:
- Health and Safety Policy, which must be up to date and reviewed annually (for workplaces with more than 5 employees);
- Workplace Violence and Workplace Harassment Policy, which must be up to date and reviewed annually (for workplaces with more than 5 employees); and
- Workplace Accommodation Policy, detailing the written process for the development of accommodation plans (for workplaces with more than 50 employees).
Be reminded December 31, 2023, is the first deadline for the filing of reports under the AODA. If you are a business or not-for-profit in Ontario, with more than 20 employees, set a reminder and get prepared to file the report in advance of the deadline. More information can be found here.
We are here to help with the small things as well as the most difficult ones of your employment law problems. Information is power and getting a few minutes of advice can save an employer from immense liability including, as would be the case here, potentially significant fines.