Workplace Violence

DECEMBER 15 2009

Bill 168 has changed the face of Ontario Workplaces. Ontario employers must now develop and implement policies pertaining to workplace violence. Prior to doing so they need to understand what workplace violence is and how they need to respond. Violations of this can be serious and very costly and carry the same fines that other violations do in Ontario. For assistance please contact our office.

The following is an excerpt from our friends at Heenan Blaikie - torontolabourgroup@heenan.ca

The new legislation will look something like this...

Where more than five workers are regularly employed at a workplace, Ontario employers will now be required to prepare and post a workplace violence policy.

The specific definition of “workplace violence” enacted after debate has been slightly amended.

“Workplace violence” under the OHSA for purposes of employer obligations and exercise of worker rights means:
(a) the exercise of physical force by a person against a worker, in a workplace, that causes or could cause physical injury to the worker;

(b) an attempt to exercise physical force against a worker, in a workplace, that could cause physical injury to a worker;

(c) a statement or behaviour 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.

Bill 168 the OHSA will also require employers to prepare and post a written policy respecting workplace harassment at every workplace where more than five workers are regularly employed. “Workplace harassment” is defined to mean “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.” This very broad and encompassing definition of “workplace harassment” remains unchanged from the date that Bill 168 was first introduced in April, 2009.