What workplace policies does an Ontario employer need?

Policies are easy to postpone at a five-person startup. A few are legal requirements from the first hire, and others switch on at headcount thresholds that growing companies cross quickly.

What’s required, and when?

Policy or requirement	Who needs it	Source
Workplace violence and workplace harassment policies, plus a written program to implement the harassment policy	All employers; the policies must be written and posted (at the workplace or in a readily accessible electronic format) if more than five workers are regularly employed at the workplace, or if an inspector orders it	Occupational Health and Safety Act, s. 32.0.1 and s. 32.0.6
Occupational health and safety policy, reviewed at least annually, with a program to implement it	Required, and must be posted, where more than five workers are regularly employed	OHSA, s. 25(2)(j) and (k), and s. 25(4)
Health and safety representative or joint committee	Generally 6 to 19 workers (representative); 20 or more (joint committee)	OHSA, ss. 8 and 9
ESA poster and OHSA poster	All employers	ESA and OHSA
Written policy on disconnecting from work	25 or more employees on January 1, in place by March 1	ESA, Part VII.0.1. See the ESA guide
Written policy on electronic monitoring	25 or more employees on January 1, in place by March 1	ESA, Part XI.1. See the ESA guide
Accessibility policies and training	All employers with at least one employee in Ontario need accessibility policies and training. At 20 or more employees, an accessibility compliance report every three years (the next is due December 31, 2026). At 50 or more, written policies, written training records and a multi-year accessibility plan posted online	AODA, 2005 and its standards. See Ontario’s accessibility rules for businesses

For the 25-employee policies, part-time and casual employees each count as one employee. See also your first hire in Ontario and Ontario’s job posting rules, which also start at 25 employees.

What must the harassment policy cover?

The program has to include how workers report incidents, including to someone other than the employer or supervisor if that person is the harasser, how incidents will be investigated, how information will be kept confidential, and how the complainant and alleged harasser will be told the results. Workplace harassment includes sexual harassment and, since October 28, 2024, the OHSA definition expressly includes harassment done virtually through information and communications technology.

What should an electronic monitoring policy say?

Whether the employer electronically monitors employees, and if so, how, in what circumstances, and for what purposes, with the date the policy was prepared and any changes. It’s a transparency rule; it doesn’t create a new right to monitor. See does PIPEDA apply to employee information.

Which policies are optional but sensible?

• An AI use policy for tools like ChatGPT and AI notetakers.
• Confidentiality and acceptable use of company systems.
• Remote work and expenses.
• Equity and option communications. See employee option plans.

Keep policies separate from employment agreements, and say in the agreement that policies can be updated, so a policy change doesn’t reopen the contract.

What to do next

Our employment agreement template is written to work with your policies, at a fixed fee on our fees page.

This guide is general information about Ontario law, not legal advice for your situation. If you’re approaching 25 employees, book a free 15-minute consult.