Recent Amendments to the Occupational Health and Safety Act

The Ontario government has recently amended the Occupational Health and Safety Act to address the issue of delivery workers lacking access to washrooms while working. The new section 29.1 of the OHSA requires the owner of a workplace, including condominium corporations, to provide access to a washroom upon request to any person delivering or collecting items for delivery elsewhere, with limited exceptions. The exceptions include cases where providing access is not reasonable or practical due to health or safety reasons, or when the washroom is in a dwelling or can only be accessed through a dwelling. Condominium corporations with common element areas containing washrooms will need to consider practical considerations such as accessibility and staff availability to comply with these requirements.