While fully remote work has decreased since the pandemic, a considerable number of workers continue to work from home full-time or in hybrid work arrangements. According to a recent Robert Half survey, 4 out of 10 jobs feature some remote work, with hybrid jobs accounting for 28% of new job postings.
The rise of remote and hybrid work has caught the attention of Canadian governments. We review recent changes to health and safety and employment standards laws aimed at clarifying this new era of work.
Application of Health and Safety Laws to Remote & Hybrid Work
Since the pandemic gave rise to remote work, there has been much discussion regarding the application of health and safety laws to employees working from home. Two provinces – Ontario and Quebec – have taken steps to ensure that their health and safety legislation applies to “telework”.
Last year, Ontario amended its Occupational Health and Safety Act (OHSA) to specify that it applies to telework performed at a private residence. “Telework” is not defined in the OHSA or the regulations, but it has been understood to include work from home.
The only exception specifies that an “industrial establishment” (i.e., an office building, factory, arena, shop or office) will not include an office located in a private residence. This appears to indicate that technical work area requirements (e.g., air quality, temperature, washrooms) do not apply to private residences. Otherwise, there are no general exceptions in the OHSA, suggesting that all of the requirements under the Act (e.g., training, workplace harassment and violence, general duties to ensure the safety of workers) apply to workers who work from home.
Quebec also amended its Act respecting occupational health and safety to specify that it applies to workers who perform telework and their employers.
Updating Health and Safety Laws to Reflect Online Nature of Work
Remote and hybrid work by its nature requires employees to work online. Additional OHSA changes update/clarify various health and safety requirements to ensure that they reflect the online nature of work. This includes:
- removing the requirement for committees to meet “at the workplace” – so that they can meet virtually;
- clarifying that workplace harassment and sexual harassment includes virtual harassment;
- permitting employers to post specified health and safety documents and information in an electronic format, provided they meet certain requirements.
Other Amendments to Protect Remote and Hybrid Workers
Ontario employers must provide notice of a group termination when they terminate 50 or more employees within a 4 week period at the employer’s “establishment”. In 2023, the Ontario government clarified this requirement – when determining whether 50+ employees have been terminated, employers will have to include an employee’s private residence if:
- the employee performs work in their residence; and
- does not perform work at any other location where the employer carries on business.
Typically, employers must post notice of termination of 50+ employees in the establishment. With this update, employers will also have to provide notice directly to each affected employee, including those engaged in remote and hybrid work.
Additional Issues for Remote Workforces
Employers with workers who are fully remote may have additional legal obligations to keep in mind. When employees move and work remotely from other provinces, typically, the employment laws of those other provinces will apply. For information on the HR compliance implications of a remote workforce, see our earlier post: Remote Work – What are the HR Compliance Implications?
Tracking Future Changes to Remote and Hybrid Work
Laws governing remote and hybrid work are just one example of HR laws that are constantly changing. Staying on top of evolving employment laws can be challenging and time consuming. Compliance Works stays on top of all of the changes – so you don’t have to!
Contact us to Request a Demo or email us at info@complianceworks.ca to learn how a subscription to Compliance Works can help your HR team succeed.
