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 to post in the workplace.

The poster, commonly referred to as 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 to the ESA regarding the minimum wage and is available online or can be ordered from ServiceOntario Publications. Employers are required to have the newest version of the document posted in the workplace at all times.

Given the recent amendment to the ESA Poster, now is a good time for employers to ensure that they are in compliance with other mandatory workplace posting requirements in Ontario. Failure to comply 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 to post a copy of the entire OHSA in their workplaces. The Act is available online or can be ordered from ServiceOntario Publications. 
  • "Health & Safety at Work: Prevention Starts Here" Poster – The OHSA requires employers to post 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 ServiceOntario Publications or can be downloaded online in English, French and 15 other languages. 
  • Employer Policies – The OHSA requires Ontario employers with more than five workers at the workplace to develop 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 to establish 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 to the Workplace Safety and Insurance Act, 1997, all Ontario employers covered by the Workplace Safety and Insurance Board (the "WSIB") are required to prominently 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 to a 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 to prepare 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 to prepare 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 Ontario Labour 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 to Employees of Application for Certification. These documents are to be posted adjacent to one another in a sufficient number of locations so that they are likely to come to the attention of all employees affected by the application. Following a vote on the certification application, the employer is also required to post 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 to the Smoke-Free Ontario Act, employers are required to post prescribed signs prohibiting smoking at each entrance, exit and washroom of an enclosed workplace in appropriate locations and in sufficient numbers to ensure that employees and the public are aware that no smoking 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.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.