• Update to Mandatory Workplace Posting Requirements for Employers
  • July 25, 2014 | Author: Caitlin Russell
  • Law Firm: Cassels Brock & Blackwell LLP - Toronto Office
  • The Ministry of Labour has recently published a new version of the “What You Should Know About The Ontario Employment Standards Act” poster that provincially regulated employers are required tpost in the workplace.

    The poster, commonly referred tas the “ESA Poster,” briefly sets out an employee’s rights under the Employments Standards Act, 2000 (the “ESA”). The ESA Poster must be posted on legal-sized paper in a conspicuous location in the workplace and must be in both English and the majority language present in the workplace. The newest version of the ESA Poster reflects recent changes tthe ESA regarding the minimum wage and is available online or can be ordered from ServiceOntariPublications. Employers are required thave the newest version of the document posted in the workplace at all times.

    Given the recent amendment tthe ESA Poster, now is a good time for employers tensure that they are in compliance with other mandatory workplace posting requirements in Ontario. Failure tcomply with these posting requirements can result in compliance orders and fines. Below is a summary of the mandatory posting requirements in Ontario.

    • Ontario Health and Safety Act (the “OHSA”) - Employers are required tpost a copy of the entire OHSA in their workplaces. The Act is available online or can be ordered from ServiceOntariPublications.

    • Health & Safety at Work: Prevention Starts Here” Poster - The OHSA requires employers tpost the Health & Safety at Work: Prevention Starts Here poster on legal-sized paper in a conspicuous location in the workplace. The poster summarizes the health and safety rights and responsibilities of employees, employers and supervisors in Ontario. Printed colour posters are available from ServiceOntariPublications or can be downloaded online in English, French and 15 other languages.

    • Employer Policies - The OHSA requires Ontariemployers with more than five workers at the workplace tdevelop and post the following policies in a conspicuous location at the workplace:

      • Occupational Health and Safety Policy;

      • Workplace Harassment Policy; and

      • Workplace Violence Policy. 

    • Joint Health and Safety Committee (JHSC) Members and Locations - In workplaces where an employer is required testablish a JHSC, the OHSA requires that employers post the names and work locations of the committee members in a conspicuous location in the workplace. Workplaces that require a JHSC include any workplace that regularly employs more than 20 workers or, where fewer than 20 employees are regularly employed, any workplace using a “designated substance,” as defined under the OHSA.

    • In Case of Injury at Work” Poster - Pursuant the Workplace Safety and Insurance Act, 1997, all Ontariemployers covered by the Workplace Safety and Insurance Board (the “WSIB”) are required tprominently display a legal-sized copy of the In Case of Injury at Work poster in their workplace. The poster summarizes the basic steps and responsibilities of employees and employers when responding ta workplace injury. Employers can find the poster online or by calling the WSIB.

    • Pay Equity Plans - Certain public sector and large private sector employers are required tprepare and post pay equity plans in accordance with the requirements under the Pay Equity Act. In Ontario, private sector workplaces with over 100 employees are required tprepare and post a pay equity plan.

    • Certification of Trade Union Documents - When an employer is served with a notice of certification by a union, the OntariLabour Relations Board (the “OLRB”) imposes mandatory posting obligations on the employer. During this process, an employer must post copies of the Application for Certification and the Notice tEmployees of Application for Certification. These documents are tbe posted adjacent tone another in a sufficient number of locations sthat they are likely tcome tthe attention of all employees affected by the application. Following a vote on the certification application, the employer is alsrequired tpost copies of the Decision, the Notice of Vote and of Hearing and the Report of Vote. For more information, see the OLRB’s Information Bulletin No. 1 available online.

    • Signs Prohibiting Smoking - Pursuant the Smoke-Free Ontario Act, employers are required tpost prescribed signs prohibiting smoking at each entrance, exit and washroom of an enclosed workplace in appropriate locations and in sufficient numbers tensure that employees and the public are aware that nsmoking is permitted in the workplace. The signs must meet specific requirements. Compliant signage is available online from the Ministry of Health and Long-Term Care.