Chart: Workplace Violence and Harassment Prevention Legislation
Chart: Workplace Violence and Harassment Prevention Legislation
Chart: Workplace Violence and Harassment Prevention Legislation
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Amendments to the Occupational Health <strong>and</strong> Safety Act (OHSA)<strong>Workplace</strong> <strong>Violence</strong> <strong>and</strong> <strong>Harassment</strong> <strong>Legislation</strong> <strong>Chart</strong>Definition<strong>Workplace</strong> <strong>Violence</strong><strong>Workplace</strong> violence means:(a) The exercise of physical force by aperson against a worker, in aworkplace, that causes or could causephysical injury to the worker.(b) An attempt to exercise physicalforce against a worker, in aworkplace, that could cause physicalinjury to the worker.<strong>Workplace</strong> <strong>Harassment</strong><strong>Workplace</strong> harassment means:Engaging in a course of vexatiouscomment or conduct against a workerin a workplace that is known or oughtreasonably to be known to beunwelcome.Policy(c) A statement or behaviour that it isreasonable for a worker to interpret asa threat to exercise physical forceagainst the worker, in a workplace,that could cause physical injury to theworker.An employer with more than fiveworkers must prepare <strong>and</strong> post at aconspicuous place in the workplace awritten policy, <strong>and</strong> review the policy asoften as is necessary, but at leastannually.Program An employer shall develop <strong>and</strong>maintain a program to implement thepolicy with respect to workplaceviolence.Contents….the program shall,(a) Include measures <strong>and</strong> proceduresto control the risks identified in the riskassessment required….as likely toexpose a worker to physical injury.(b) Include measures <strong>and</strong> proceduresfor summoning immediate assistancewhen workplace violence occurs or islikely to occur.(c) Include measures <strong>and</strong> proceduresfor workers to report incidents ofworkplace violence to the employer orsupervisor.An employer with more than fiveworkers must prepare <strong>and</strong> post at aconspicuous place in the workplace awritten policy <strong>and</strong> review the policy asoften as is necessary, but at leastannually.An employer shall develop <strong>and</strong>maintain a program to implement thepolicy with respect to workplaceharassment.Contents…the program shall,(a) Include measures <strong>and</strong> proceduresfor workers to report incidents ofworkplace harassment to theemployer or supervisor.(b) Set out how the employer willinvestigate <strong>and</strong> deal with incidents<strong>and</strong> complaints of workplaceharassment.(c) Include any prescribed elements.1
Amendments to the Occupational Health <strong>and</strong> Safety Act (OHSA)<strong>Workplace</strong> <strong>Violence</strong> <strong>and</strong> <strong>Harassment</strong> <strong>Legislation</strong> <strong>Chart</strong>(d) Set out how the employer willinvestigate <strong>and</strong> deal with incidents orcomplaints of workplace violence.Note: For greater certainty, theemployer duties set out in section 25,the supervisor duties set out in section27, <strong>and</strong> the worker duties set out insection 28 apply, as appropriate, withrespect to workplace violence.RiskAssessmentNote: The Health Care <strong>and</strong>Residential Facilities Regulationrequires most health care employers(all long-term care homes <strong>and</strong>hospitals) to develop writtenmeasures <strong>and</strong> procedures inconsultation with the JHSC or health<strong>and</strong> safety representative (HSR).An employer shall assess the risks ofworkplace violence that may arisefrom the nature of the workplace, thetype of work or the conditions of work.Considerations(2) The assessment shall take intoaccount,(a) Circumstances that would becommon to similar workplaces.(b) Circumstances specific to theworkplace.(c) Any other prescribed elements.ResultsAn employer shall,(a) Advise the committee or a health<strong>and</strong> safety representative, if any, ofthe results of the assessment, <strong>and</strong>provide a copy if the assessment is inwriting.(b) If there is no committee or health<strong>and</strong> safety representative, advise theNote: The Health Care <strong>and</strong>Residential Facilities Regulationrequires most health care employers(all long-term care homes <strong>and</strong>hospitals) to develop writtenmeasures <strong>and</strong> procedures inconsultation with the JHSC or health<strong>and</strong> safety representative (HSR).2
Amendments to the Occupational Health <strong>and</strong> Safety Act (OHSA)<strong>Workplace</strong> <strong>Violence</strong> <strong>and</strong> <strong>Harassment</strong> <strong>Legislation</strong> <strong>Chart</strong>workers of the results of theassessment <strong>and</strong>, if the assessment isin writing, provide copies on requestor advise the workers how to obtaincopies.Reassessment(4) An employer shall reassess therisks of workplace violence as oftenas is necessary to ensure that theviolence policy <strong>and</strong> the relatedprogram continue to protect workersfrom workplace violence.SameTrainingHistory of<strong>Violence</strong>(5) Subsection (3) also applies withrespect to the results of thereassessment.An employer shall provide a workerwith,(a) Information <strong>and</strong> instruction that isappropriate for the worker on thecontents of the policy <strong>and</strong> programwith respect to workplace violence.(b) Any other prescribed informationor instruction.Note: The Health Care <strong>and</strong>Residential Facilities Regulationrequires most health care employers(e.g. all long-term care homes <strong>and</strong>hospitals) to develop training <strong>and</strong>educational programs in consultationwith the JHSC or health <strong>and</strong> safetyrepresentative (HSP).An employer’s duty to provideinformation to a worker include theduty to provide information, includingpersonal information, related to a riskof workplace violence from a personwith a history of violent behaviour if,(a) The worker can be expected toencounter that person in the course ofAn employer shall provide a workerwith,(a) Information <strong>and</strong> instruction that isappropriate for the worker on thecontents of the policy <strong>and</strong> programwith respect to workplace harassment.(b) Any other prescribed information.3
Amendments to the Occupational Health <strong>and</strong> Safety Act (OHSA)<strong>Workplace</strong> <strong>Violence</strong> <strong>and</strong> <strong>Harassment</strong> <strong>Legislation</strong> <strong>Chart</strong>his or her work.(b) The risk of workplace violence islikely to expose the worker to physicalinjury.Limit on disclosureRight toRefuseNo employer or supervisor shalldisclose more personal informationthan is reasonably necessary toprotect the worker from physicalinjury.The right to refuse unsafe work undersection 43 of the Act now explicitlyacknowledges violence:(3) A worker may refuse to work or doparticular work where he or she hasreason to believe that,(b.1) <strong>Workplace</strong> violence is likely toendanger himself or herself.Until the investigation is completed,the worker shall remain,(a) In a safe place that is as near asreasonably possible to his or herwork station.(b) Available to the employer orsupervisor for the purposes of theinvestigation.Domestic<strong>Violence</strong>Note: Health care workers (e.g.workers in long-term care homes <strong>and</strong>hospitals) are still subject under theOHSA to a limited right to refuse.Community care workers are notlimited in this right. However, allhealth care workers must still considertheir obligations to their respectiveregulatory body.If an employer becomes aware, orought reasonably to be aware, thatdomestic violence that would likelyexpose a worker to physical injurymay occur in the workplace, the4
Amendments to the Occupational Health <strong>and</strong> Safety Act (OHSA)<strong>Workplace</strong> <strong>Violence</strong> <strong>and</strong> <strong>Harassment</strong> <strong>Legislation</strong> <strong>Chart</strong>employer shall take every precautionreasonable in the circumstances forthe protection of the worker.Duties underthe OHSARegarding<strong>Violence</strong>NoticesThe Act clarifies that the employerduties in section 25, the supervisorduties in section 27 <strong>and</strong> the workerduties in section 28 apply, asappropriate, with respect to workplaceviolence.Section 52(1) is amended to explicitlyrequire reporting of disablement from“incident of workplace violence.”5