The forthcoming Bill 168 changes the Occupational Health and Safety Act of Ontario to encompass very specific responsibilities for employers and employees. This is in keeping with its “shared responsibility” edict. I offer here a summary of its key points so that you can be prepared in advance.
Summary Explanation
The Bill adds Violence and Harassment to the Occupational Health and Safety Act. Subsection 1 (1) of the Act is amended to include definitions of workplace violence and workplace harassment.
Workplace harassment means “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 (“harcèlement au travail”).”
Workplace violence means “(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 (“violence au travail”).”
Documented Policies Required
Section 32.0.1 of the Act requires an employer to prepare policies with respect to workplace violence and workplace harassment and to review the policies at least annually. The program must include measures for workers to report incidents of workplace violence and harassment and set out how the employer will deal with incidents and complaints.
Risk Assessment
Section 32.0.2 of the Act requires an employer to develop a program to implement the workplace violence policy. Section 32.0.6 of the Act requires an employer to develop a program to implement the workplace harassment policy. The program must include measures to control risks of workplace violence and harassment identified in the risk assessment that is required under section 32.0.3, to summon immediate assistance when workplace violence occurs and for workers to report incidents or threats of workplace violence. The program must also set out how the employer will deal with incidents, complaints and threats of workplace violence. Section 32.0.3 of the Act requires an employer to assess the risk of workplace violence and to report the results of the assessment to the joint health and safety committee or to a health and safety representative. If there is no committee or representative, the results must be reported to the workers. The risk must be reassessed as often as is necessary to protect workers from workplace violence.
Domestic Violence
Under section 32.0.4 of the Act, if an employer is aware or ought to be aware that domestic violence that is likely to expose a worker to physical injury may occur in the workplace, the employer must take every reasonable precaution to protect the worker. Section 32.0.5 also requires an employer to provide a worker with information and instruction on the contents of the workplace violence policy and program.
The Bill amends section 43 of the Act, which deals with a worker’s right to refuse work in various circumstances where health or safety is in danger and to include the right to refuse work if workplace violence is likely to endanger the worker.
The Bill provides for authority to make regulations, including requiring an employer to designate a workplace coordinator with respect to workplace violence and workplace harassment.
For full details please email me requesting EcoSafe Bulletin 5-09.