Amendments to the Ontario OHSA and O. Reg 213/91

Toronto, ON, January 13, 2025. Starting January 1, 2025, several important amendments to Ontario’s Occupational Health and Safety Act (OHSA) and the Regulation for Construction Projects (O. Reg. 213/91) will come into effect.

Below is a summary of the changes. Please take a moment to review them, as updates to policies, particularly regarding violence and harassment, may be required:

1. Provision of Menstrual Products (Washroom Facilities)

Effective January 1, 2025

Section 28.1 (New Regulation Added):

1. For projects where 20 or more workers are regularly employed, constructors must provide menstrual products.

2. The menstrual products must:

   • Include both tampons and menstrual pads.

   • Be kept clean and hygienic.

   • Be available in one or more locations that:

     • Offer a reasonable amount of privacy.

     • Are reasonably accessible to all workers.

3. This regulation does not apply to projects expected to last less than three months.

Terminology Update:

• Subsection 29.1(2.3) of the Regulation has been amended to replace “sanitary napkins” with “menstrual products” for inclusivity.

2. Washroom Facility Maintenance and Record-Keeping

Effective July 1, 2025

• Employers and constructors must ensure all washroom facilities are maintained in a clean and sanitary condition.

• Records of cleaning activities must be maintained and accessible.

Effective January 1, 2026

• Cleaning records must document the date and time of the two most recent cleanings.

• Records must be posted near the facility or electronically, provided workers know how to access them.

• For construction projects, constructors must document all cleaning, servicing, or sanitizing performed within the past six months or the project’s duration, whichever is shorter.

4. Virtual Workplace Harassment

Effective October 28, 2024

• The definitions of "workplace harassment" and "workplace sexual harassment" now include harassment occurring virtually, such as through digital communications (emails, messaging apps, video calls, etc.).

5. Electronic Posting of Information

Effective October 28, 2024

• Employers can now post required health and safety information electronically, provided workers are informed of:

  • Where and how to access this information.

  • Accessibility requirements to ensure all workers can readily obtain the information.

• This includes documents such as:

  • The OHSA,

  • Explanatory materials,

  • Occupational health and safety policies, and

  • The names of Joint Health and Safety Committee members.

6. Remote Joint Health and Safety Committee Meetings

Effective October 28, 2024

• Joint Health and Safety Committee meetings are now permitted to occur remotely, removing the requirement for in-person meetings at the workplace.