With the passing of Bill 168, An Act to amend the Occupational Health and Safety Act (the "OHSA"), workplaces in Ontario must understand their obligations and be ready to implement procedures related to workplace violence and harassment. Bill 168 will come into effect on June 15, 2010.

What Must Your Workplace do to be Prepared?

Conduct Workplace Risk Assessments

A workplace risk assessment involves a process of identifying which parts of the workplace may be at risk of violence. This would include violence between employees as well as violence against employees by customers or members of the public. Some of the risks may be well known within the workplace based on the types of jobs performed. Other risks may not be revealed until security, incident, or health and safety inspection reports are reviewed.

Prepare a Workplace Violence and Harassment Policy

While many workplaces have a harassment and discrimination policy focusing on the requirements of the Human Rights Code, it will soon be mandatory for workplaces to have a policy that addresses the issues of workplace violence and harassment centered on the requirements of the OHSA. The policy should define workplace violence and harassment and must outline procedures for employees to report any incidents.

Such a policy must be posted in a conspicuous place in any workplace with six or more employees. As well, employers would have to review and revise these policies on at least an annual basis.

Bill 168 defines "workplace harassment" 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 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 a worker,
• (b) an attempt to exercise physical force against a worker in a workplace that could cause physical injury to the worker, or
• (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.

Introduce a Complaint and Investigation Procedure

Bill 168 requires workplaces to have a policy and procedure for complaints and investigations in place. Employers must ensure adequate resources and training to meet these obligations.

Education and Training

It is important for your workplace to educate workers on potential violence risks and to train workers on the procedures for controlling the risks. Any policies that are implemented in the workplace should be reviewed with the workers. As well, management should be trained on their duties and expectations.

General

As part of a workplace violence program, workplaces must have procedures in place to control workplace risks and for providing immediate assistance when workplace violence is likely to occur.

With the passing of Bill 168, issues such as domestic violence and workplace bullying are now covered by the OHSA. The employer is required to take every reasonable precaution in the circumstances to protect the worker where the employer becomes aware or ought reasonably to be aware of domestic violence occurring in the workplace.

Many of the duties of employers, supervisors and workers that are set out in the OHSA will now be extended to apply to workplace violence.

Bill 168 also extends a worker's right to refuse work in certain situations where health or safety is in danger to include the right to refuse work if workplace violence is likely to endanger the worker.

Keyser Mason Ball, LLP will be hosting a breakfast seminar in April 2010 on the topic of Bill 168. In this seminar, we will cover in detail the topics discussed in this article as well as the other legal requirements of Bill 168.

If you have any questions relating to any of the above or if you would like to discuss the changes your business may need to implement, please do not hesitate to contact Megan Burkett.

Megan Burkett
Human Resources Workplace Law / Labour Relations Group
Tel: 905.276.0420
E-mail: mburkett@kmblaw.com

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