Category Archives: Blog

Not All of Bill 148 Was Cancelled

Employers should be aware that although a number of the “Bill 148” provisions were cancelled under “Bill 47”, some are still in effect that might pose a problem for your business. Three Hour Rule – (Starting Jan 1, 2019), if an employee who normally works more than 3 hours is sent home before working 3 hours, they are entitled to be paid at their normal rate (previous ESA standard was only minimum wage) Overtime rule – (already in place) if an employee has more than one rate of pay (i.e. travel rate and job site rate) you must still track Continue Reading »

Hidden Types of “Impairment” at Work

Being “impaired” can be caused by a number of different reasons, not just alcohol or cannabis.  It is important to recognize these issues so that everyone has a safe and healthy workplace.   No matter what the cause, if the employee will be “impaired” at work, they are legally required to disclose this information to their employer. Some examples of “hidden” impairment include: Sleep deprivation: The worker stays up till 3am watching the tied World Series game, and their shift starts at 7am.  The person would be impaired by lack of sleep and not able to focus on operating machinery or cognitive Continue Reading »

MORE Legislation Changes Coming in 2019

Did you hear?  “Bill 47” (cancelling “Bill 148” put in last year) PASSED and became law last week.  Not done yet, the Ford Government is now implementing “Bill 57: Restoring Trust, Transparency and Accountability Act”.   Bill 57 has “paused” the upcoming changes required under the Pay Transparency Act (introduced by the former Liberal government) which would have required employers to post wage information on job postings, and added a whole host of reporting requirements on businesses. In addition, the new act is also changing the way Legion Halls are assessed for tax purposes, makes changes to the Alcohol and Gaming legislation regarding Continue Reading »

What do “Fit for Duty” and “Safety Sensitive” Really Mean?

“Fit for Duty” policies are getting a lot of attention these days, and I am finding that a lot of employers and workers are confused about this terminology and how to apply it in the context of “Safety Sensitive” work. Fit for Duty means that a worker is able to safely perform their assigned duties without any limitations resulting from, but not limited to: the use or after-effects of Drugs, Alcohol, and/or medications. Impaired means “the condition of being less than fully functional to perform the tasks at hand” or “being under the influence of drugs or alcohol”  A Safety-Sensitive Position Continue Reading »

Non-Medical Accommodations in the Workplace

Non-Medical Accommodations in the workplace are complex, and it is very important that you understand and respect your employee’s rights. Every situation is unique, and employers are entitled to “proof that is reasonable in the circumstances” to grant these accommodations.  Employers must work with the affected employee(s) to ensure that their right to accommodation is preserved, but also ensuring that the operational needs of the employer are met. This can be a delicate balancing act. Religious accommodation includes allowing time to pray during the workday, giving alternate days off for observation of religious holidays, and working with employees in “safety-sensitive” Continue Reading »