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'Too little, too late': Newmarket delivery worker questions timing of washroom rights legislation

Province to legislate washroom rights for delivery people, but workers say the pandemic-based problem is past its peak
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Newmarket delivery services are supportive of legislation securing their washroom rights, but some question it's coming too late to solve a pandemic-based problem.

Ontario announced Oct. 20 it would introduce legislation to allow delivery workers to access company washrooms at businesses where they deliver or pick up items. This comes after months of issues with delivery people being unable to access restrooms amidst COVID-19 restrictions.

Newmarket mortgage broker John Heckbert, who started delivering with SkipTheDishes to help restaurants in the pandemic, said he appreciates the bill's intent but that it is “too little, too late” with restaurants and gas stations already reopening access.

“I won’t call it an overreach but ... they’re trying to legislate elimination of stupidity,” Heckbert said. “You would hope that people would do things decently.”

Truck drivers, couriers, and delivery services raised concerns when restaurants and gas stations began to close washrooms amidst COVID-19 lockdowns. The province said consultations with its workforce recovery advisory committee found businesses are often denying the workers washroom access.

“This is something most people in Ontario take for granted, but access to washrooms is a matter of common decency currently being denied to hundreds of thousands of workers in this province,” Minister of Labour Monte McNaughton said. “Providing these hard-working men and women with access to washrooms is a small change that will make a big difference, so they can do their jobs with the dignity and respect they deserve.”

Several associations complimented the move, including the Ontario Trucking Association and Teamsters Canada. York Region-based Ray's Courier Services CEO Shanna Wilson said she is grateful for the legislation and is glad it is coming into place. 

“We had a lot of difficulties during COVID,” she said. “It was a really bad hassle.”

Wilson said she hopes that all businesses and shipping areas provide washrooms for their drivers. But she said the situation changed recently, now that businesses face fewer restrictions.

“Right now, we’re happy. Everywhere we go, their washrooms are open, it’s a big change,” she said. “It just makes our job easier, we get our jobs done faster.”

Heckbert said while there is the occasional cautious restaurant, there are enough options now to get by. 

The province has not yet released specific details on the legislation but said it would not apply to private residences or businesses from which couriers are not delivering or picking up items. Still, Heckbert questioned how the government would enforce it.

He added the better solution would have been for public health units to clarify guidance to businesses about washrooms for delivery workers months ago. 

“It will be very difficult for the government to prosecute. I really think it’s just messaging,” Heckbert said. “I don’t think anyone will ever be fined for a violation of that act.”