After extensive community consultations across Ontario, the Provincial Government has introduced new legislation to reduce workplace violence and harassment. Bill 168 – An Act to amend the Occupational Health and Safety Act with respect to violence and harassment in the workplace and other matters received first reading on April 20, 2009, and if passed it will amend the Occupational Health and Safety Act (“OHSA”) in significant ways.

If Bill 168 becomes law, employers with more than 5 employees will have to comply with and implement workplace violence and harassment policies and programs. Further, Bill 168 will impose additional obligations on employers, managers and supervisors under the OHSA to ensure that they are meeting their respective obligations to provide a safe working environment free of workplace violence and harassment.

The more fundamental aspects of Bill 168 are:

Statutory definitions of "workplace violence" and "workplace harassment"

Bill 168 will define workplace violence 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, and (b) an attempt to exercise physical force against a worker in a workplace that could cause physical injury to the worker". Workplace harassment will be 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".

Mandatory workplace violence and harassment policies

Under Bill 168, employers will be required to prepare and post workplace violence and harassment policies in a conspicuous place on its premises and it would have to review and revise these policies no less than once per year. The policies would have to address workplace violence and harassment in the workplace.

Mandatory workplace violence and harassment programs

In addition to policies, employers will have to develop and maintain a workplace violence and harassment program that would include the following:

• a) measures and procedures to address any workplace violence or harassment risks;
• b) measures and procedures for summoning immediate assistance when workplace violence occurs;
• c) measures and procedures for workers to report incidents or threats of workplace violence to the employer or supervisor; and
• d) measures on how the employer will investigate and deal with incidents, complaints or workplace violence.

Workplace violence assessments

Employers will be obligated to conduct specific “violence” assessments based on the nature of the workplace, the type of work or the conditions of work.

Right of employee to refuse unsafe work

Bill 168 would also amend the OHSA so that workers would have the statutory right to refuse or stop work where they felt endangered by workplace violence. All work refusals would be subject to investigations by the Ministry of Labour.

We will do our part to keep you apprised of developments as this legislation works its way through 2nd and 3rd reading at the Legislature. However, if you have any questions on this issue we ask you to contact one of the following:

Patrizia Piccolo
Human Resources Workplace
Law/Labour Relations Group
Tel: 905.276.0421
E-mail: ppiccolo@kmblaw.com

Simon R. Heath
Human Resources Workplace
Law/Labour Relations Group
Tel: 905.276.0402
E-mail: sheath@kmblaw.com

The comments in this newsletter are of a general nature and are not designed to replace professional advice in specific situations. If you would like extra copies of this newsletter, or you know of anyone who would be interested in joining our mailing list, please contact Cheryl Woolcott at (905) 276-9111.