Ontario Mandatory Workplace Policies, Posters, Training, and Committees
Ontario businesses should pay close attention to the workplace policies and postings they must maintain, the training they must deliver, and the safety committees they must organize. Below, we have provided an overview of some of the most common requirements applicable to Ontario employers. Stay tuned for future updates covering additional provinces, including Alberta, British Columbia, and Nova Scotia.
A Required Opportunity
Employers should view these requirements as more than a “check the box” obligation. Workplace policies and training are key opportunities to communicate with employees on expectations of behaviour at the workplace and, if prepared with care, can function (among other things) as a reputational risk control. For example, a compliant workplace harassment policy will direct employees who have experienced or witnessed inappropriate conduct by a colleague on how to report their concerns, assure them their employer will take the allegations seriously and investigate, and confirm to the employee that they will not face retaliation for speaking up. When an employee turns to the workplace harassment policy, it is essential that the employer does not miss the opportunity to provide them with effective (and legally required) guidance.
Further, these policies serve as an instruction manual on how to respond to day-to-day incidents at the workplace in compliance with Ontario law and organizational procedures. Legal exposure is not limited to failing to adopt mandatory policies. Employers who lack compliant foundational frameworks in areas like accommodation, investigations, or complaints handling face increased risk under human rights and employment law regimes. Having and consistently following appropriate workplace policies and procedures can mean the difference between resolving an issue promptly and professionally versus allowing a situation to escalate into litigation, regulatory scrutiny, penalties, and unwanted attention, including in relation to wrongful dismissal, workplace harassment and violence, and human rights claims.
How Obligations Arise
The policies, postings, and training that an employer in Ontario must maintain are determined primarily by the number of individuals the business employs in the province. Various legislation imposes requirements starting with a company’s first Ontario employee and adds more and increasingly complex requirements as the headcount grows. Remote and hybrid workers are generally required to be included in the headcount. Safety-related policies, representative, and committee requirements, on the other hand, are typically determined by the number of workers at each particular workplace rather than province-wide. Below is a chart outlining some of the most common requirements applicable to employers in Ontario. The chart is limited to measures that are mandatory under applicable statutory requirements; many employers, however, choose to go beyond these baseline obligations to help ensure that their workforce operates not only in compliance with applicable law, but also at its highest potential.
Takeaways for Employers
Employers should review their policies, postings, training, and committee compliance on a regular basis (some items are required to be reviewed on specific intervals under applicable law and new requirements arise frequently). We recommend that employers undertake such a review at least annually. Accordingly, employers should consider a proactive and structured approach, as follows:
- Map the workforce by jurisdiction and headcount to identify applicable thresholds.
- Implement a review calendar, ensuring policies are revisited at required intervals (or more frequently where appropriate).
- Align policies and procedures with practice, including proper training, reporting mechanisms, and leadership accountability.
- Plan for growth and anticipate when headcount increases may trigger new obligations.
- Have employees acknowledge, in writing, that they have received and reviewed the written materials upon hire and when updates are made.
Contact Mintz’s Canadian Employment Practice if you require assistance reviewing and updating your organization’s policies, postings, training, and committee compliance.
POLICIES & POSTERS | |||
| # of Employees | Ref. | Requirement | Source |
| One or more employees in Ontario (requirements apply across every workplace in Ontario) | A | Provide each employee with a copy of the Employment Standards in Ontario poster within 30 days of commencement of employment. This does not need to be posted, just distributed. | ESA, s. 2(5), (7) |
| B | Maintain an Accessibility Policy. This policy does not have to be written. | AODA Reg. 191/11, s. 3 | |
| C | Best Practice: Maintain a written Disability Accommodation Policy. | This is not an explicit requirement under the HRC, but the Ontario Human Rights Commission takes the position that such a policy is effectively a requirement to discharge the employer’s duty to accommodate. | |
| One or more employees at a workplace in Ontario (requirements apply to each such workplace) | D | Post a copy of the Occupational Health and Safety Act in conspicuous locations in the workplace or in a readily accessible electronic format. | OHSA, s. 25(2)(i) |
| E | Post of a copy of the Health and Safety at Work: Prevention Starts Here poster in conspicuous locations in the workplace or in a readily accessible electronic format. | OHSA, s. 25(2)(i) | |
| F | If registered with the Workers’ Safety Insurance Board, post an In Case of Injury poster in conspicuous locations in the workplace. | WSIA Reg 175/98, s. 19 | |
| G | If hazardous materials are present, maintain a WHMIS current safety datasheet at the workplace for all such materials. | OHSA Reg 860, ss. 17 & 18 | |
| H | Prepare a Workplace Violence Policy. This policy does not need to be in written form or posted. | OHSA, ss. 32.0.1(1)(a) & (c), (3) | |
| I | Prepare a Workplace Harassment Policy. This policy does not need to be in written form or posted. This policy must be reviewed at least annually. | OHSA, ss. 32.0.1(1)(b) & (c), (3) | |
| J | Provide individualized workplace emergency response information to employees with disabilities where the employer is aware of the need for accommodation and the information is necessary. | AODA Reg. 191/11, s. 27(1) | |
| Six or more employees at a workplace in Ontario (requirements apply to each such workplace) | K | Post a Workplace Violence Policy in a conspicuous place at the workplace, or in a readily accessible electronic format. Replaces the requirement at H. | OHSA, ss. 32.0.1(2), 32.0.2 & 32.0.3 |
| L | Post a Workplace Harassment Policy in a conspicuous place at the workplace, or in a readily accessible electronic format. Replaces the requirement at I. | OHSA, ss. 32.0.1(2) & 32.0.6 | |
| M | Prepare a written Occupational Health and Safety Policy. This policy must be posted in a conspicuous place at the workplace, or in a readily accessible electronic format. | OHSA, sss. 25(2)(j) & (k), (4) | |
| Ten or more employees in Ontario (requirements apply across every workplace in Ontario) | N | Implement a Pay Equity Plan. | PEA ss. 3(1), 7(1) |
| O | Post a notice provided by the Pay Equity Office setting out the obligation to maintain compensation practices that provide for pay equity and the manner in which an employee can file a complaint or objection under the Act. | PEA s. 7.1 | |
| Twenty or more employees at a workplace in Ontario (requirements apply to each such workplace) | P | Post the names and work locations of the Health & Safety Committee in a conspicuous place at the workplace, or in a readily accessible electronic format | OHSA, s. 9(32)
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| Twenty-five or more employees in Ontario (requirements apply across every workplace in Ontario) | Q | Maintain a Disconnecting from Work Policy and provide a copy of that policy within 30 days of commencement of employment. This does not need to be posted, just distributed. | ESA, s. 21.1.2 |
| R | Maintain an Electronic Monitoring Policy and provide a copy of that policy within 30 days of commencement of employment. This does not need to be posted, just distributed. | ESA, s. 41.1.1 | |
| Fifty or more employees in Ontario (requirements apply across every workplace in Ontario) | S | Maintain an Accessibility Policy and make the policy publicly available. Replaces the requirement at B. | AODA Reg 191/11, s. 3 |
| T | Maintain a multi-year Accessibility Plan. The plan must be posted on the employer’s website. | AODA Reg 191/11, s. 4 | |
| U | Maintain a Disability Accommodation Policy. | AODA Reg 191/11, s. 28 | |
| V | Maintain a Return to Work Policy. | AODA Reg 191/11, s. 29 | |
TRAINING | |||
| # of Employees | Ref. | Requirement | Source |
| One or more employees in Ontario (requirements apply across every workplace in Ontario) | W | Accessibility (AODA) and Human Rights (HRC) training must be completed by all employees as soon as practicable and on an ongoing basis. | AODA Reg 191/11, ss. 7(1)-(4)
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| X | All employees must complete basic occupational health and safety training. | OHSA, s. 25(2)(a), OHSA Reg 297/13, ss. 1 & 2 | |
| Y | All employees must complete workplace harassment and violence training. | OHSA, ss. 25(2)(a), 32.0.5(1)-(2), 32.0.8 | |
| Z | All employees who work with or may be exposed to a hazardous product must be informed of all hazard information and must complete WHMIS training. | OHSA Reg 860, ss. 6 & 7 | |
| AA | Maintain a record of who has completed basic occupational health and safety training set out at X. | OHSA Reg 297/13, s. 4 | |
| Fifty or more employees in Ontario (requirements apply across every workplace in Ontario) | BB | Maintain a record of who has completed AODA and HRC training set out at W. | AODA Reg 191/11, s. 7(5) |
HEALTH & SAFETY REPRESENTATIVES & COMMITTEES | |||
| # of Employees | Ref. | Requirement | Source |
| Five or more employees at workplace in Ontario (requirements apply to each such workplace) | CC | There must be one Health & Safety Representative selected by the employees who does not exercise managerial functions. | OHSA, s. 8(1) |
| Twenty or more employees at a workplace in Ontario (requirements apply to each such workplace) | DD | There must be a joint Health & Safety Committee of at least two people (at least half non-managerial). The non-managerial members must be selected by the non-managerial employees. Replaces the requirement at CC. | OHSA, ss. 9(2)(a), (6)–(8) |
| Fifty or more employees at a workplace in Ontario (requirements apply to each such workplace) | EE | There must be a joint Health & Safety Committee of at least four people (at least half non-managerial). The non-managerial members must be selected by the non-managerial employees. Replaces the requirement at DD. | OHSA, ss. 9(2)(a), (6)–(8) |
[1] “AODA” means the Accessibility for Ontarians with Disabilities Act, 7005, SO 2005, c 11.
“ESA” means the Employment Standards Act, 2000, 50 2000, c 41.
“HRC” means the Human Rights Code, RSO 1990, c 11.19.
“OHSA” means the Occupational Health and Safety Act, RSO 1990, c 0.1.
“PEA” means the Pay Equity Act, RSO 1990, c P.7.
“WSIA” means the Workplace Safety and Insurance Act, 1997, SO 1997, c 16, Sch A.
Authors
Mitch Frazer
Partner / Managing Partner, Toronto Office
Brad Tartick
Partner
