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Are You Compliant?
Bill 168
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Canada, Alberta, Nova Scotia,
Nunavut, Ontario, Saskatchewan,
Yukon
Correctional Services of Canada
Ontario’s Addiction Residential
Services
Ontario Ministry of Health and
Long Term Care
Police Departments across Canada:
Calgary, Kingston, Nepean, Regina,
Ontario, Nova Scotia,
New Brunswick, OPP, RCMP
The National Parole Board
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Hotel Dieu Hospital [Kingston]
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Community Services
The Career Foundation
Environment Canada
John Howard Society
Metropolitan Toronto Housing
Authority
Murray McKinnon Foundation
Native Child & Family
Ontario Federation of Cerebral Palsy
Reconnect Mental Health Services
Salvation Army
Seaton House of Toronto
Toronto HIV/ AIDS Human Resources
Collaboration
Toronto Hostels
Toronto Parks and Recreation
YMCA of Greater Toronto
West Scarborough Neighbourhood
Community Services
CTI Strategy's to Bill 168
The legislative amendments enhance the province's existing Safe at Work Ontario strategy. BILL 168, which amends the Occupational Health and Safety Act (OHSA) to require worker protection from violence and harassment in the workplace, has come into effect on June 15, 2010 for all employers who have more than five (5) employees. For some years now, the Ministry of Labour (MOL) has taken the position that the general duty of employers, as per the OHSA is to take every reasonable precaution under the circumstances, to protect the health and safety of workers. This includes taking reasonable precautions to prevent workplace violence. However, while many jurisdictions in Canada have specific requirements regarding workplace violence in their respective occupational health and safety legislation, there was no similar explicit requirement in the OHSA or its regulations.
Introduction
Background
A 2004 Statistics Canada survey entitled Criminal Victimization in the Workplace found 17 per cent of violent incidents in Canada occur at the workplace. This represents about 356,000 incidents of workplace violence in a 12-month period across Canada. Between April 1, 2008 and March 31, 2009, inspectors received 170 complaints related to violence in the workplace, made 417 field visits and issued 351 OHSA orders related to violence in the workplace. In the last 12 years, three coroners' juries have recommended amendments to the Occupational Health and Safety Act.
Premier Dalton McGuinty’s government introduced the legislation in part in response to the murder of Nurse Lori Dupont in 2005. Dupont’s former boyfriend, Dr. Marc Daniel, stabbed her to death at the Hôtel-Dieu Grace Hospital in Windsor, Ont. The facility was aware of repeated and escalating harassment by Daniel, an anesthesiologist, but failed to discipline him. The pair was scheduled to work together on the day he killed her .
Few Canadian jurisdictions address harassment in occupational health and safety or employment standards legislation. No Canadian jurisdiction specifically addresses domestic violence, when it may enter the workplace, in its occupational health and safety legislation . This legislation was not designed to substantially increase the regulatory burden or costs on Ontario businesses. For years, the Ministry of Labour has been requiring employers to take reasonable precautions against workplace violence. Many employers already have policies and programs in place today. These amendments are designed to help businesses be more competitive. The goal of these amendments is to protect workers from violence and harassment. Preventing injuries and absences translates into higher worker morale, increased productivity, reduced lost-time injuries and reduced workplace insurance premiums and costs.
Premier Dalton McGuinty’s government introduced the legislation in part in response to the murder of Nurse Lori Dupont in 2005. Dupont’s former boyfriend, Dr. Marc Daniel, stabbed her to death at the Hôtel-Dieu Grace Hospital in Windsor, Ont. The facility was aware of repeated and escalating harassment by Daniel, an anesthesiologist, but failed to discipline him. The pair was scheduled to work together on the day he killed her .
Few Canadian jurisdictions address harassment in occupational health and safety or employment standards legislation. No Canadian jurisdiction specifically addresses domestic violence, when it may enter the workplace, in its occupational health and safety legislation . This legislation was not designed to substantially increase the regulatory burden or costs on Ontario businesses. For years, the Ministry of Labour has been requiring employers to take reasonable precautions against workplace violence. Many employers already have policies and programs in place today. These amendments are designed to help businesses be more competitive. The goal of these amendments is to protect workers from violence and harassment. Preventing injuries and absences translates into higher worker morale, increased productivity, reduced lost-time injuries and reduced workplace insurance premiums and costs.
Requirements Identified in Bill 168
Training:
Employers are required to provide “appropriate” training on the contents of the workplace violence and harassment policies and programs. The manner in which this training is delivered is left to the employer. However, it should be solution-focused training and each employee’s participation in the training should be documented.
Obligation to Prepare Policies:
Bill 168 requires an employer, who regularly employs more than five workers at a workplace, to prepare written policies with respect to workplace violence and workplace harassment. The policies must be posted in a conspicuous place in the workplace. The policies must be reviewed as often as necessary and at least once a year. A policy may also include a list of duties and responsibilities, as well as the employer’s investigation process. Given that the policy must be reviewed at least annually and must be posted in the workplace, employers must consider outlining responsibilities and processes in a procedure, rather than a policy.
Obligation to Develop Workplace Violence and Harassment Programs:
Employers are required to develop and maintain programs to implement both the workplace violence policy and the workplace harassment policy.
New Notification Requirements:
The OHSA currently requires employers to notify the Ministry of Labour of a critical injury or fatality immediately and file a written report within 48 hours. Absent a critical injury or fatality, an employer need not report a workplace violence incident to the Ministry of Labour unless ordered to do so by a Ministry of Labour Inspector. Bill 168 requires that the JHSC, the health and safety representative and the trade union, if they exist, be notified within 4 days of an incident of workplace violence if a person is unable to perform his or her usual work or requires medical attention because of the incident.
Bill 168 requires the harassment program to include the following:
• measures and procedures for workers to report incidents of workplace harassment to the employer or supervisor;
• the process the employer will use to investigate and deal with incidents and complaints of workplace harassment.
• the process the employer will use to investigate and deal with incidents and complaints of workplace harassment.
The requirements for the workplace violence program are more extensive and include:
• measures and procedures to control the risks identified in the required violence risk assessment;
• measures and procedures for summoning immediate assistance when workplace violence occurs, or is likely to occur;
• measures and procedures for workers to report incidents of workplace violence to the employer or supervisor;
• the process the employer will utilize to investigate and deal with incidents or complaints or workplace violence
• measures and procedures for summoning immediate assistance when workplace violence occurs, or is likely to occur;
• measures and procedures for workers to report incidents of workplace violence to the employer or supervisor;
• the process the employer will utilize to investigate and deal with incidents or complaints or workplace violence
Disclosing People with a Violent History:
Employers are required to provide information, including personal information, to workers about a person with a history of violent behaviour if:
• the worker can be expected to encounter that person in the course of his or her work; and
• the risk of workplace violence is likely to expose the worker to physical injury.
The employer is only permitted to disclose the amount of personal information reasonably necessary to protect the workers from physical injury.
• the worker can be expected to encounter that person in the course of his or her work; and
• the risk of workplace violence is likely to expose the worker to physical injury.
The employer is only permitted to disclose the amount of personal information reasonably necessary to protect the workers from physical injury.
Disclosing People with a Violent History:
Employers are required to reassess the risks of workplace violence as often as necessary to ensure that the policy and program continue to protect workers from workplace violence.
Some Changes Identified
Employers have to assess the risk of workplace violence, and it requires employers who are aware that violence may occur in the workplace to take every precaution to protect a worker who is at risk of injury.
Bill 168 specify existing duties on employers and supervisors to provide information and advise workers about a risk of workplace violence from a specific client or consumer.
Legislation sets out significant obligations to the employer around development of policies, and yet there is no requirement to ensure that not only the policies are adequate but that they are being implemented and followed up upon.
Bill 168 requires an employer to know the intimate details of an employee's life.
Bill 168 attempts to address problems in a stationary workplace. Protecting workers who are travelling around the province or country requires a different approach.
Bill 168 does little to encourage employers to take action and it does not protect them against liability for taking appropriate and reasonable action.
Under this act, so much expectation and liability appears to lie on employers, so much additional cost and regulatory red tape.
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What We Propose for
Bill 168
What We Propose for
Bill 168
