Press Release March 10, 2010

The Government of Ontario recently introduced legislation under the Occupational Health and Safety Act (OHSA) in an attempt to address violence and harassment in the workplace.

As of June 15, 2010, businesses in Ontario with more than 5 employees must prepare and post a workplace violence policy. Workplace violence is defined in the OHSA as:

• the exercise of physical force by a person against a worker, in a workplace, that causes or could cause physical injury to the worker;
• an attempt to exercise physical force against a worker in a workplace, that could cause physical injury to a worker;
• statement or behavior that 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.

Employers will also be required to prepare and post a written policy regarding workplace violence and harassment at every location where more than 5 workers are regularly employed. The OHSA 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 and harassment programs will require the following:

• Measures and procedures to control risks identified in a violence risk assessment
• Measures and procedures for summoning immediate assistance when workplace violence occurs or is likely to occur
• Measures and procedures for workers to report incidents of workplace violence to the employer or supervisor; and
• The means by which the employer will investigate and deal with incidents or complaints of workplace violence.

Employer programs must include, at minimum, measures and procedures for workers to report incidents of workplace harassment to the employer or supervisor, and set out the means by which the employer will investigate and deal with incidents and complaints of workplace harassment.

Employers will be required to train workers about their workplace violence and workplace harassment policies.

A worker is permitted to refuse work if workplace violence is likely to endanger himself or herself. The refusing worker must remain in a safe place that is as near as reasonably possible to his or her workstation and available to the employer for the purposes of the investigation.

Further, an employer must take every reasonable precaution for the protection of a worker if the employer becomes aware, or ought reasonably to be aware, that domestic violence that would likely expose a worker to physical injury may occur in the workplace.

Section 52 of the OHSA requires employers to prepare a notice in the event that a worker is disabled from their regular duties, or requires medical attention as a result of workplace violence.

For more information please refer to the Ministry of Labour website: http://www.labour.gov.on.ca/English/.

If you have any questions or general concerns about this issue, please contact Gary Rygus, Director, Government Relations (Ontario) at (416)-922-0553, ext. 225: e-mail: grygus@retailcouncil.org.