On October 16, 2018 nearly every employer in Ontario with employees who operated big equipment or whose jobs required a clear mind, had a workplace policy about drug and alcohol use.

I remember when clients reacted to announcements of Employment Standards changes by scowling at you and declaring there was little to be worried about because the system was complaint-based.

“No one will ever visit us”, was the retort. “If someone complains, we will fix it”.

I was having lunch with my Law golf buddy last week since we couldn’t golf anymore. We had a conversation which I think you might find helpful, so I wrote it down.

Protecting Employers

All employers have a statutory duty always to do everything reasonable in the workplace to protect the safety of their employees. This includes being aware of the hazards on the job, preparing proper manuals and programs to train everyone how to work safely, implementing the training, ensuring employee competence and vigilantly monitoring day to day activities.  A well-organized comprehensive plan properly pursued will meet the legislated standard for employee safety.

As of January 1, 2017, small and large employers have new compliance obligations under the Accessibility for Ontarians with Disabilities Act (the AODA). These obligations are in addition to an employer’s responsibilities under the Ontario Human Rights Code and Occupational Health and Safety Act in respect to accommodation to the point of undue hardship. 

The Ontario Human Rights Commission (OHRC) has issued an updated Policy on Abelism and discrimination based on disability.  The policy became effective in June 2016.  While it was introduced with little fanfare, it does introduce some new concepts of human rights of which employers should be aware.  

In April 2016, the Ontario Government passed the Supporting Ontario’s First Responder’s Act (Posttraumatic Stress Disorder), 2016.  The Bill sets out proposed Act amends the Workplace Safety and Insurance Act, 1997 (“WSIA”) and the Ministry of Labour Act.