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Wednesday, September 23, 2026

Naloxone kits at work? Two more laws employers need to know in ... - Ottawa Business Journal

A new exemption for contractors hits the Employment Standards Act, and Occupational Health and Safety Act addressed the opioid epidemic

Last year, Bill 88, or the Working for Workers Act, 2022, gave employers some new responsibilities, and there are more changes coming down the pike in 2023.

Emond Harnden got you up to speed last fall about the electronic monitoring policy requirement and partner Raquel Chisholm is back with some advice about another two requirements:

  1. An exemption in the Employment Standards Act, 2000 (ESA) for business and IT consultants; and
  2. An Occupational Health and Safety Act (OHSA) requirement for workplaces that are at risk for worker opioid overdoses.

Exemptions to the ESA for IT and business consultants

“The Employment Standards Act is 100 per cent for the protection of employees,” said Chisholm. “It provides minimum entitlements like minimum wage, statutory holidays and vacation time, as well as the right to overtime pay.”

The question is, when does it apply? For example, the ESA exempts certain professions, like doctors and accountants, from various parts of the legislation.

Two new exemptions came into force on Jan. 1, 2023 to address the employment status of IT and business consultants, which are newly and broadly defined in the ESA. While the ESA’s definitions are detailed, a business consultant generally refers to someone who provides advice or services to a business or organization regarding its performance, like marketing, and an IT...



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