Ontario to Legislate the Workers Five Act

The construction industry is a vast and multifaceted sector that plays a critical role in economic development and the shaping of the built environment. It encompasses a wide range of activities, including planning, design, financing, construction, renovation, and maintenance of buildings, infrastructure, and various civil engineering projects. The industry is divided into several key sectors, each with its own characteristics and specialties:

• Residential Construction: Focuses on housing and living spaces, including single-family homes, apartments, and condominiums.

• Commercial Construction: Involves facilities for business and commerce, such as office buildings, retail spaces, and hotels.

• Industrial Construction: Pertains to manufacturing and production facilities, including factories and power plants.

• Institutional and Government Construction: Includes public institutions and government buildings like schools, hospitals, and courthouses.

The construction industry is one of the oldest and largest industries globally, with a market size of about ten trillion US dollars. It significantly contributes to national economies by providing employment and creating investment opportunities across various sectors. 

What Is the Working for Workers Five Act (Bill 190)?

The Working For Workers Five Act, 2024, is a bill introduced by the Ontario government on May 6, 2024, as the latest in a series of legislative changes aimed at strengthening workplace protections and supports for workers in Ontario including the construction industry.

The Ontario government has introduced the Working For Workers Five Act, 2024, the latest in a series of legislative measures aimed at enhancing workplace protections and expanding employment opportunities in the province. This comprehensive bill proposes significant amendments to several key employment-related statutes, including the Employment Standards Act, 2000 (ESA), Occupational Health and Safety Act (OHSA), and Workplace Safety and Insurance Act, 1997.

Key provisions of the Working For Workers Five Act, 2024 include:

• Increased Minimum Wage: Effective October 1, 2024, the minimum wage in Ontario will rise from $16.55 to $17.20 per hour, making it the second-highest in Canada behind Yukon.

• Enhanced Job Posting Requirements: Employers will be required to disclose in publicly advertised job postings whether the position is for an existing vacancy. They must also provide prescribed information to interviewed applicants within a specified timeframe, addressing the issue of "ghosting" candidates.

• Prohibition of Sick Notes: Employers will be prohibited from requiring employees to provide a medical certificate for statutory sick leave. However, they may still request reasonable evidence of entitlement to the leave.

• Increased Penalties for ESA Violations: The maximum fine for individuals convicted of violating the ESA will double from $50,000 to $100,000, becoming the highest in Canada.

• Expanded Workplace Harassment Protections: The definition of workplace harassment will be broadened to include virtual harassment through information and communications technology.

• Support for Internationally Trained Workers: The Act introduces measures to facilitate the employment of internationally trained or credentialed workers, including requiring regulated professions to have plans for concurrent registration processes and policies for accepting alternative documentation.

• Enhanced Protections for Women in the Workplace: The Act mandates the provision of menstrual products on certain construction sites and requires washrooms to be clean and in sanitary condition.

• Improved Support for Injured Workers: The Act expands presumptive coverage for various occupational illnesses and injuries, particularly benefiting firefighters and fire investigators.

• Pathways to Skilled Trades: The Act creates new opportunities for youth apprenticeship programs and enables alternative pathways into skilled trades for those with relevant professional experience.

How Will the Workers Five Act Impact the Construction Industry?

The Working for Workers Five Act, 2024 will have several significant impacts on the construction industry in Ontario:

Safety Measures

A comprehensive review of critical injuries and fatalities in the construction sector will be conducted. There will be a consultation on expanding the types of life-saving equipment, such as defibrillators, to be provided on construction projects.

OHSA Compliance

Employers can use electronic copies of the OHSA to meet posting requirements.

Joint Health and Safety Committees

These committees will be allowed to meet virtually.

Menstrual Products Requirement

Construction projects with 20 or more regularly employed workers and expected to last at least three months will be required to provide menstrual products in an accessible and reasonably private manner. This requirement will come into effect on January 1, 2025.

Washroom Facilities

Employers must ensure that washroom facilities provided for worker use are clean and sanitary. They will also be required to maintain records of cleaning.

Virtual Harassment Protection

The definitions of "workplace harassment" and "workplace sexual harassment" in the Occupational Health and Safety Act (OHSA) will be updated to specifically include harassment that takes place virtually.

Skilled Trades Initiatives

The Focused Apprenticeship Skills Training (FAST) program will expand the Ontario Youth Apprenticeship Program (OYAP), allowing high school students to earn cooperative education credits while gaining hands-on apprenticeship experience. A new online job-matching portal will connect apprentices, journeypersons, and employers, simplifying the job search process.

Increased Penalties

The act will double the maximum fine for individuals convicted of violating the Employment Standards Act (ESA) from $50,000 to $100,000, making Ontario's penalties some of the highest in Canada.

These changes aim to make the construction industry more inclusive, particularly for women at work, while also enhancing safety measures and providing new pathways for skilled trades. The act is designed to address labour shortages and create a more diverse workforce in the construction sector.

Employers Will Need to Make Adjustments

Based on the proposed changes in the Working For Workers Five Act, 2024, employers in Ontario will need to make some significant adjustments to their sick leave policies:

Prohibition on Requiring Doctor's Notes

Employers will no longer be allowed to require employees to provide a medical certificate or doctor's note as evidence for taking the three days of unpaid statutory sick leave provided under the Employment Standards Act (ESA).

Alternative Evidence

While employers can still ask for "evidence reasonable in the circumstances" that an employee is entitled to sick leave, they will need to determine what constitutes reasonable evidence without relying on doctor's notes. This could include things like positive COVID-19 test results with a time and date stamp, or additional information about symptoms or illness.

Policy Revisions

Employers will need to review and revise their current attendance policies and employee handbooks to ensure compliance with the new rules regarding sick leave documentation.

New Verification Processes

Companies may need to develop new processes for verifying an employee's entitlement to sick leave that do not rely on medical certificates.

Potential Increase in Sick Leave Usage

Without the requirement for doctor's notes, some employers may see an increase in the use of sick leave, which could impact staffing and operations.

Communication and Training

HR departments and managers will need to be trained on the new requirements and how to properly handle sick leave requests without requesting prohibited documentation.

These changes aim to make it easier for employees to take legitimate sick leave without the burden of obtaining a doctor's note for short absences. However, they also present challenges for employers in verifying the validity of sick leave claims while remaining compliant with the new regulations. Employers should start preparing for these changes by reviewing their current policies and considering how they will adapt their practices to meet the new requirements once the Act comes into force.

In Summary

The Working For Workers Five Act, 2024, represents a significant step in Ontario's ongoing efforts to modernize its labour laws and address emerging workplace challenges. By focusing on issues such as job transparency, worker health and safety, and support for skilled trades, the Act aims to create a more equitable and efficient labour market in the province.

As the bill progresses through the legislative process, employers and employees alike should stay informed about these potential changes and prepare to adapt their practices accordingly. The government's commitment to workplace reform is clear, and this Act is poised to have a substantial impact on Ontario's employment landscape in the coming years.