Ontario Moves to Add Violence and Harassment to Occupational Health and Safety Act
In September 2008, the Ontario Ministry of Labour (MOL) released a consultation paper requesting submissions from stakeholders regarding the content of potential workplace violence legislation. In particular, the MOL requested submissions about:
If enacted as presently drafted, the Ontario Occupational Health and Safety Act ("OHSA") would be amended to require an employer, that regularly employs more than five workers, to prepare written workplace violence policies and conduct a workplace violence assessment. Bill 168 also contains a requirement that employers take every reasonable precaution in the circumstances to protect workers from the threat of domestic violence and requires an employer to implement a workplace harassment policy. Bill 168 would also amend the work refusal provisions of the OHSA to allow a worker to refuse work on the basis of the threat of workplace violence. In addition, Bill 168 would require an employer to provide information to a worker about persons with a history of violence that the worker is likely to encounter in the course of his or her employment.
It is too early to tell whether Bill 168 will emerge from the legislative process intact, or at all, but it does provide an indication of the approach that employers can expect from the government in Ontario. We will keep our readers updated as Bill 168 progresses.
For more information on Bill 168 see Heenan Blaikies's OHS & Workers' Compensation Management Update: "Ontario Moves to Add Violence and Harassment to Occupational Health and Safety Act", online. By Cheryl A. Edwards and Jeremy Warning.
- A definition of workplace violence;
- Whether a violence prevention program should be required under workplace violence legislation;
- Whether workplace violence legislation should have sector specific requirements;
- Whether workplace violence legislation should address domestic violence; and
- Whether workers should have the right to refuse work on workplace violence grounds.
If enacted as presently drafted, the Ontario Occupational Health and Safety Act ("OHSA") would be amended to require an employer, that regularly employs more than five workers, to prepare written workplace violence policies and conduct a workplace violence assessment. Bill 168 also contains a requirement that employers take every reasonable precaution in the circumstances to protect workers from the threat of domestic violence and requires an employer to implement a workplace harassment policy. Bill 168 would also amend the work refusal provisions of the OHSA to allow a worker to refuse work on the basis of the threat of workplace violence. In addition, Bill 168 would require an employer to provide information to a worker about persons with a history of violence that the worker is likely to encounter in the course of his or her employment.
It is too early to tell whether Bill 168 will emerge from the legislative process intact, or at all, but it does provide an indication of the approach that employers can expect from the government in Ontario. We will keep our readers updated as Bill 168 progresses.
For more information on Bill 168 see Heenan Blaikies's OHS & Workers' Compensation Management Update: "Ontario Moves to Add Violence and Harassment to Occupational Health and Safety Act", online. By Cheryl A. Edwards and Jeremy Warning.
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