Chart: Workplace Violence and Harassment Prevention Legislation

Amendments to the Occupational Health and Safety Act (OHSA)Workplace Violence and Harassment Legislation ChartDefinitionWorkplace ViolenceWorkplace 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.Workplace HarassmentWorkplace 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 and post at aconspicuous place in the workplace awritten policy, and review the policy asoften as is necessary, but at leastannually.Program An employer shall develop andmaintain a program to implement thepolicy with respect to workplaceviolence.Contents….the program shall,(a) Include measures and proceduresto control the risks identified in the riskassessment required….as likely toexpose a worker to physical injury.(b) Include measures and proceduresfor summoning immediate assistancewhen workplace violence occurs or islikely to occur.(c) Include measures and proceduresfor workers to report incidents ofworkplace violence to the employer orsupervisor.An employer with more than fiveworkers must prepare and post at aconspicuous place in the workplace awritten policy and review the policy asoften as is necessary, but at leastannually.An employer shall develop andmaintain a program to implement thepolicy with respect to workplaceharassment.Contents…the program shall,(a) Include measures and proceduresfor workers to report incidents ofworkplace harassment to theemployer or supervisor.(b) Set out how the employer willinvestigate and deal with incidentsand complaints of workplaceharassment.(c) Include any prescribed elements.1

Amendments to the Occupational Health and Safety Act (OHSA)Workplace Violence and Harassment Legislation Chart(d) Set out how the employer willinvestigate and 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, and the worker duties set out insection 28 apply, as appropriate, withrespect to workplace violence.RiskAssessmentNote: The Health Care andResidential Facilities Regulationrequires most health care employers(all long-term care homes andhospitals) to develop writtenmeasures and procedures inconsultation with the JHSC or healthand 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 healthand safety representative, if any, ofthe results of the assessment, andprovide a copy if the assessment is inwriting.(b) If there is no committee or healthand safety representative, advise theNote: The Health Care andResidential Facilities Regulationrequires most health care employers(all long-term care homes andhospitals) to develop writtenmeasures and procedures inconsultation with the JHSC or healthand safety representative (HSR).2

Amendments to the Occupational Health and Safety Act (OHSA)Workplace Violence and Harassment Legislation Chartworkers of the results of theassessment and, 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 and the relatedprogram continue to protect workersfrom workplace violence.SameTrainingHistory ofViolence(5) Subsection (3) also applies withrespect to the results of thereassessment.An employer shall provide a workerwith,(a) Information and instruction that isappropriate for the worker on thecontents of the policy and programwith respect to workplace violence.(b) Any other prescribed informationor instruction.Note: The Health Care andResidential Facilities Regulationrequires most health care employers(e.g. all long-term care homes andhospitals) to develop training andeducational programs in consultationwith the JHSC or health and 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 and instruction that isappropriate for the worker on thecontents of the policy and programwith respect to workplace harassment.(b) Any other prescribed information.3

Amendments to the Occupational Health and Safety Act (OHSA)Workplace Violence and Harassment Legislation Charthis 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) Workplace 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.DomesticViolenceNote: Health care workers (e.g.workers in long-term care homes andhospitals) 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 and Safety Act (OHSA)Workplace Violence and Harassment Legislation Chartemployer shall take every precautionreasonable in the circumstances forthe protection of the worker.Duties underthe OHSARegardingViolenceNoticesThe Act clarifies that the employerduties in section 25, the supervisorduties in section 27 and 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