On November 19, 2020, Ontario announced that it was launching workplace education and enforcement campaigns to ensure that employers are aware of and following health and safety requirements related to COVID-19.
A team of over 200 provincial offences officers are visiting strategic locations across the province as part of an “inspection blitz”. During inspections, officers provide business owners with guidance on public health requirements under the Reopening Ontario (A Flexible Response to COVID-19) Act, 2020 (“ROA”). Certain businesses are required to have a workplace safety plan under the ROA, and may be required to provide it to officers for feedback during an inspection. Employers which are found to not be complying with applicable requirements may be subject to a range of penalties.
Throughout November, officers visited businesses in the Peel, London-Middlesex, Waterloo, and York Regions. The campaign is currently set to move to Ottawa, Eastern Ontario and Toronto.
Penalties for non-compliance
Non-compliance with public health requirements may result in the following penalties under the ROA:
- Individuals may be fined between $750 and $100,000, and/or receive a prison term of up to one year;
- Directors of corporations may be fined between $750 and $500,000, and/or receive a prison term of up to one year; and
- Corporations may be fined between $750 and $10,000,000.
Workplace safety plan
Certain businesses and establishments in the Protect (Yellow), Restrict
(Orange), Control (Red), and Lockdown (Grey) levels of the COVID-19 Response
Framework are required to develop a written workplace safety plan and produce
them to inspecting officers. Businesses requiring a workplace safety plan
include:
- Restaurants, bars, and food or drink establishments;
- Sports and recreational facilities;
- Meeting and event spaces;
- Malls;
- Personal care services;
- Casinos, bingo halls, and other gaming establishments;
- Cinemas; and
- Performing arts facilities.
Takeaways
Now that Ontario is ramping up enforcement of COVID-19 related health and safety requirements, it is more important than ever for employers to ensure that they are meeting their legal obligations to protect the health of their workers and customers.
Employers should also be aware that certain municipalities and regions in Ontario have passed by-laws and/or orders which impose enhanced requirements and penalties in addition to those set out in the ROA. Thus, employers should review their workplace health and safety protocols to ensure that they are operating safely and meeting all local and sector-specific requirements.
As always, our team is ready to assist you with implementing effective workplace safety plans and other COVID-19 related policies and procedures.
This blog is provided as an information service and summary of workplace legal issues.
This information is not intended as legal advice.