A Welcome Change For Women Working In The Trades

Ontario Government to Require Menstrual Products on Large Construction Sites.

Last year, I wrote a Blog on the Ontario Government's legislative changes to the Construction Projects Regulation, O. Reg. 213/91 under the Occupational Health and Safety Act, R.S.O. 1990, c. O.1 (the "OHSA"), which took effect on July 1, 2023.¹ These amendments sought to introduce mandatory female washroom facilities on certain construction job sites, under the umbrella of the Working for Workers Act, 2022, S.O. 2022, c. 7 (Bill 88).²

On May 6, 2024, the Ontario Government introduced the fifth Bill of the sequence, the Working for Workers Five Act, 2024 (Bill 190). This Bill further aims to incentivize more women to enter the construction industry, with measures that include menstrual products on large construction job sites and fine-tuning workplace harassment policies.³

1. Reg 190/24 will amend O. Reg 213/91 to require that menstrual products be made reasonably accessible on construction sites of 20 or more workers who are regularly employed at a project that lasts 3 or more months. The products must be kept clean and hygienic at a location where there is a reasonable amount of privacy. It is unclear if "reasonably accessible" is intended to mean "free". This regulation comes into force on January 1, 2025, and marks a positive step in the direction of accessibility and gender inclusion in the construction industry.

Employers on construction jobsites must be careful to abide by these new rules, or risk facing serious penalties under the OHSA.

Women have long been calling for free menstrual products in a broader context, as such products are often unavailable in workplaces and public spaces. Menstrual products should be viewed as a necessity, not a luxury. Since December 15, 2023, all federally regulated private and public sector workplaces are required to make menstrual products available to employees for free⁴, and many Canadian municipalities are now following suit to ensure free menstrual products are available in public facilities.

Hopefully these advancements by the Ontario and Canadian Governments will encourage other industries to adopt a similar approach.

Footnotes

1. O. Reg. 213/91; Occupational Health and Safety Act, R.S.O. 1990, c. O.1

2. Working for Workers Act, 2022, S.O. 2022, c. 7 (Bill 88)

3. O. Reg 190/24 ; Working for Workers Five Act, 2024 (Bill 190)

4. Regulations Amending Certain Regulations Made Under the Canada Labour Code (Menstrual Products): SOR/2023-78; Menstrual Products now Available at No Cost to Employees in Federally Regulated Workplaces (December 15, 2023) Government of Canada News Release

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