On June 15, 2010 Bill 168, which amends Ontario’s Occupational Health & Safety Act (OHSA) comes into force. This will mean new obligations for employers in Ontario. Employers will be obligated to draw up and post written policies on workplace violence and harassment, as well as conduct assessments of the risks of workplace violence and harassment at least once a year.
Bill 168 amends the OHSA to define workplace violence and harassment as follows:
Workplace Violence is defined as:
(a) The exercise of physical force by a person against a worker, in a workplace, that causes or could cause physical injury to the worker,
(a) The exercise of physical force by a person against a worker, in a workplace, that causes or could cause physical injury to the worker,
(b) An attempt to exercise physical force against a worker, in a workplace, that could cause physical injury to the worker,
(c) A statement or behaviour that it is reasonable for a worker to interpret as a threat to exercise physical force against the worker, in a workplace, that could cause physical injury to the worker.
Workplace Harassment is defined as:
...engaging in a course of vexatious comment or conduct against a worker in a workplace that is known or ought reasonably to be known to be unwelcome.
Workplace Harassment is defined as:
...engaging in a course of vexatious comment or conduct against a worker in a workplace that is known or ought reasonably to be known to be unwelcome.
Bill 168 requires employers to prepare a written policy relating to workplace violence and workplace harassment. Employers with more than five employees must post the policy in a conspicuous location in the workplace. The policies must be reviewed as often as necessary and at least once a year. Employers are required to provide information and instruction to their employees on its workplace violence and harassment policy and program.
ASSESSING THE RISKS OF VIOLENCE
Bill 168 requires an employer to assess the risks of workplace violence that may arise within the workplace, and provide the results to the joint health and safety committee or health and safety representative. For workplaces that do not have a health and safety committee or representative, results of the assessment must be available to workers on request.
Bill 168 requires an employer to reassess the risks of violence as often as necessary to ensure workers are protected.
IMPLEMENTATION OF A WORKPLACE VIOLENCE PREVENTION PROGRAM
Employers must develop and maintain a program to implement the workplace violence policy. The implementation program must include measures and procedures:
• to control the risks identified in the assessment or reassessment;
• to summon immediate assistance when workplace violence occurs or is likely to occur, including when a threat of workplace violence is made;
• for workers to report incidents or threats of workplace violence to the employer or supervisor;
• to investigate and address incidents or complaints or threats of workplace violence.
DOMESTIC VIOLENCE
Bill 168 requires an employer to take all reasonable precautions in the circumstances for the protection of the worker if an employer is aware, or ought reasonably to be aware that a domestic violence situation may expose a worker to physical injury in the workplace.
DISCLOSING PERSONS WITH A HISTORYY OF VIOLENCE
Bill 168 requires employers to provide information about a person with a history of violent behaviour if:
(a) the worker can be expected to encounter that person in the course of his or her work; and
(a) the worker can be expected to encounter that person in the course of his or her work; and
(b) the risk of workplace violence is likely to expose the worker to physical injury.
The employer is required to establish a notification procedure for persons with a history of violence (including patients or clients) so that workers who may encounter the person are aware of the risk of potential physical injury.
WHAT EMPLOYERS NEED TO KNOW
Employers need to have a workplace violence and workplace harassment policy in place to be prepared for June 15, 2010, the date that Bill 168 comes into force. Employers need to assess the risks of workplace violence in their workplace. The risks assessment and its results should be in writing and shared with the joint health and safety committee or representative. Workers need to be instructed on the workplace violence and harassment policy and program developed by the employer.
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