Chapter 9: Workplace Violence and Workplace Harassment | A Guide to the Occupational Health and Safety Act

• ISBN: 978-1-4435-3984-5
• Revised: May 2011
• Content last reviewed: May 2011
• PDF Version [ 362 KB / 92 pages | Download Adobe Reader ]

Changes to the Occupational Health and Safety Act, effective June 15, 2010, strengthen protections for workers from workplace violence and address workplace harassment.

This chapter outlines the requirements of the Act that cover the changes. More detailed information is available in Workplace Violence and Harassment: Understanding the Law, also available from ServiceOntario Publications.

The Act establishes minimum standards and sets out the rights and duties of all those who have a role in dealing with workplace violence and workplace harassment. Violence or harassment in the workplace may originate from anyone the worker comes into contact with in a workplace, such as a client, a customer, a student, a patient, a co-worker, employer, or a supervisor. Or, the person may be someone with no formal connection to the workplace, such as a stranger or a domestic/intimate partner, who brings violence or harassment into the workplace. It is important that unwanted behaviours are addressed early to minimize the potential for workplace harassment to lead to workplace violence.

The following are key requirements of the Act, with respect to workplace violence and workplace harassment: ^{[ 1 ]}

1. Policies

All employers, regardless of how many workers they employ, must prepare policies with respect to workplace violence and workplace harassment and review them at least once a year [section 32.0.1(1)].

If there are six or more regularly employed workers, the policies are required to be in writing and posted in the workplace where workers will be likely to see them [section 32.0.1(2) and (3)].

The workplace harassment and workplace violence policies may be separate or combined, or they may be combined with the occupational health and safety policy required under clause 25(2)(j).

2. Programs

Employers must set up programs to implement the policies. A workplace violence program must include the following contents:

• measures and procedures to control risks identified in an assessment of risks,
• measures and procedures for workers to report incidents of workplace violence,
• measures and procedures for summoning immediate assistance, and
• set out how the employer will investigate and deal with incidents or complaints.

The workplace harassment program must include measures and procedures for workers to report incidents of workplace harassment, and set out how the employer will investigate and deal with incidents or complaints [section 32.0.6].

3. Information and Instruction

Employers must provide a worker with information and instruction that is appropriate for the worker on the contents of the workplace violence and workplace harassment policies and programs [sections 32.0.5(2) and 32.0.7].

4. Assessment of Risks

Employers must proactively assess the risks of workplace violence that may arise from the nature of the workplace, such as physical aspects like entrances and exits; the type of work, such as activities and people workers interact with (e.g., in health care, working with patients), or the conditions of work, such as working late nights [section 32.0.3(1)].

Employers must also consider other risks in similar workplaces, as well as circumstances specific to the workplace such as past incidents of workplace violence [section 32.0.3(2)] .

Risks must be reassessed as often as necessary to protect workers from workplace violence.

5. Results of an Assessment or Reassessment

Employers must also advise the joint health and safety committee, or health and safety representative, or if none, the workers, of the results of the assessment or reassessment of risks of workplace violence.

If the assessment is in writing it must be provided to the committee or representative. If there is no committee or representative, the employer must provide copies to the workers if requested, or advise them on how to get copies [section 32.0.3(3) and (4)] .

6. Domestic Violence

Employers who are aware, or who ought reasonably to be aware, that domestic violence may occur in the workplace must take every precaution reasonable in the circumstances to protect a worker who is at risk of physical injury [section 32.0.4].

Employers are not expected to proactively ask questions about domestic issues with each worker. There are indicators that domestic violence may occur in the workplace, such as reported concerns from the targeted worker or other workers, threatening calls or unwelcome visits at the workplace.

7. General Duties and Application to Workplace Violence

The general duties under the Act for employers [section 25], supervisors [section 27] and workers [section 28] continue to apply with respect to workplace violence. For example, workers are still required to report hazards to their employer or supervisor, including workplace violence.

The employer and supervisor duty to provide information to a worker includes information about a risk of workplace violence from a person with a history of violent behaviour if the worker can be expected to encounter that person in the course of work, and if the worker may be at risk of physical injury. This includes providing the worker with personal information about the individual with a history of violent behaviour, but the Act stipulates that no more such information than is reasonably necessary to protect the worker may be disclosed [sections 32.0.5(3) and (4)].

8. Work Refusal

A worker has the right to refuse work if he or she has reason to believe that workplace violence is likely to endanger himself or herself. The limited right to refuse of certain workers remains the same [section 43]. For further details on the work refusal process, refer to Section 7, Work Refusals, of this Guide.

^{[ 1 ]} Definitions of "workplace violence" and "workplace harassment" are found in Section 3, Definitions, of this Guide

Previous | Next