If an employer sends out an email to employees containing certain rules and policies, do these rules and policies still need to be posted or stored somewhere for employees to access?
Question: If an employer sends out an email to employees containing certain rules and policies, do these rules and policies still need to be posted or stored somewhere for employees to access?
Answer: The short answer is, it depends.
In Ontario, employers are required to have certain policies based on various legislation. These requirements often depend on the size of the organization in question. There are also various posting requirements in relation to these policies.
The table to the below provides an overview of employment-related policies required for small and large businesses in Ontario, as an example.
Notably, employers are required to post in a conspicuous location within the workplace (such as in an employee break room) the following documents and policies (if applicable):
• The Occupational Health and Safety Act (OHSA) “Prevention Starts Here” poster, which outlines the rights and responsibilities of workers, supervisors and employers on the job
• A copy, in full, of the OHSA
• The Health and Safety Policy
• The Workplace Violence and Harassment Policies.
Workplaces with a Joint Health and Safety Committee have additional posting requirements. In addition, if the company is a Schedule 1 or Schedule 2 employer pursuant to the Workplace Safety and Insurance Act, 1997 (WSIA) — if the company has an account with the WSIB — it is also required to post the “In Case of Injury” poster in the workplace.
Finally, employers are also required to post the Employment Standards Act, 2000 poster in the workplace, entitled “Employment Standards in Ontario,” and to provide each of their employees with a copy of the poster.
Even if a policy is not required to be posted, it is in an employer’s best interest to ensure that rules and policies are properly communicated and that there is evidence of the fact that they were communicated to employees. Otherwise, an employee may be able to avoid discipline for breach of a policy by proclaiming that they were unaware of it. In most cases, it is preferable to have one booklet or digital document that incorporates all rules and policies applicable to employees. Ensuring that all rules and policies are available for employees to access at any time will potentially increase the likelihood that they will actually be followed — after all, employees can only follow such rules and policies if they know what they are. If it is too difficult to locate a policy, employees may be able to show that they could not be expected to be aware of it. As well, in the event that some employees breach such policies, it will help employers discipline the offenders — employers will be able to show that the applicable policies were communicated to employees, made available to them for review and that they were aware of it.
Stuart Rudner is the founder of Rudner Law, an employment law firm in Markham, Ont. He can be reached at [email protected] or (416) 864-8500. This article was written with the assistance of Nada Zaman, an associate at Rudner Law in Toronto. She can be reached at (416) 864-8503 or [email protected].
