Housekeeping

June 2022 Workplace Policy Housekeeping

With the summer months here and many workplaces and employees focused on the holidays ahead, it is important for workplaces to ensure they are up to date on new workplace requirements in Ontario.

Right to Disconnect Policy

For the first year of this new requirement, employers who employed 25 or more employees on January 1, 2022 had until June 2, 2022, to have a written disconnection from work policy in place. Beginning in 2023 and in subsequent years, employers who employ 25 or more employees on January 1 of each year must have a written policy on disconnecting from work in place by March 1 of that year. If your workplace still doesn’t have a written policy on disconnecting from work, you need to put one in place as soon as possible.

Electronic Monitoring Policy

Workplaces should also be aware of the requirement to have an electronic monitoring policy in place by October 11, 2022.

Introduced as part of Bill 88, Labor for Workers Act 2022, which received Royal Assent on April 11, 2022, an employer who, on January 1 of any year, employs 25 or more employees must, before March 1 of that year, put in place a written policy for all employees in regarding the electronic monitoring of employees in the workplace.

I. Information required

The policy must contain the following information:

    • explain whether the employer electronically monitors employees and, if so, describe how, under what circumstances and for what purposes information obtained through monitoring may be used by the employer;
    • the date the policy was prepared and the date any changes were made to the policy; and
    • any other information that may be prescribed. (To date none is prescribed)

ii. Copy of policy

    • the written policy must be provided to employees within 30 days of the day the policy is to be implemented or if, if an existing policy is changed, within 30 days of the changes being made;
    • the written policy must be provided to new employees within 30 days of their start date or within 30 days of the day the employer is required to put the policy in place, whichever is later; and
    • the written policy must be provided to temporary help agency workers within 24 hours of the start of the assignment or within 30 days of the day the employer is required to put the policy in place, whichever is later.

Transition

The bill includes a transitional provision that requires employers who employ 25 or more employees on January 1, 2022 to have the policy in place by October 11, 2022.

Although the October deadline is a few months away, it’s always a good idea to get a head start on preparing to set up a policy before the required deadline. As such, make it a summer priority.