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. For example, a Canadian Chamber of Commerce survey reported that 25% of professional services workers are fully remote and 47% work in hybrid positions. The rise of remote and hybrid work has caught the attention of Canadian governments, leading to several new laws aimed at clarifying this new era of work.
Application of Health and Safety Laws to Hybrid Work
Since the pandemic created a new era of remote work, there has been discussion regarding the application of health and safety laws to employees working from home. Ontario and Quebec have introduced or passed legislation to ensure that their health and safety legislation applies to “telework”.
Currently, the Ontario Occupational Health and Safety Act (OHSA) does not apply to work performed at a “private residence”. Bill 190,Working for Workers Five Act, 2024 (which is still working its way through the legislature) proposes amendments to the OHSA application provision, specifying that the Act would apply to telework performed at a private residence.
“Telework” is not defined in the Bill, but it is expected to include work from home. There are no general exceptions in the Bill, suggesting that all of the requirements under the OHSA (e.g., training, workplace harassment and violence, general duties to ensure the safety of workers) would apply to workers who work from home. However, the Bill does provide for potential exceptions to be added via regulation – so we may see some exemptions in the future.
Currently, the only exception included in the Bill 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.
Quebec also amended its Act respecting occupational health and safety to specify that it applies to workers who telework and their employers. This change is in force now.
Updating Health and Safety Laws to Reflect Online Nature of Work
Remote and hybrid work by its nature requires employees to work online. Additional changes in Bill 190 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.
The Bill also sets out certain requirements for employers to meet when posting information electronically. This is intended to ensure that workers continue to have easy access to important health and safety information.
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”. Last year, the Ontario government updated this requirement when they passed Bill 79, Working for Workers Act, 2023.
Bill 79 amended the definition of establishment in the ESA to clarify that 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 Bill 79, employers will also have to provide notice 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.
