Bill 168: A Law That Changed Ontario's Workplaces

Bill 168, also known as the Occupational Health and Safety Amendment Act (Violence and Harassment in the Workplace), came into force on June 15, 2010, in Ontario, Canada. The bill amends the Occupational Health and Safety Act (OHSA) to impose new obligations on employers with respect to workplace violence and harassment. It aims to protect workers from violence and harassment by outlining stiff penalties for employers who fail to meet their responsibilities and duties under the law.

Bill 168's definition of workplace violence

Bill 168, which became law on June 15, 2010, is an amendment to Ontario's Occupational Health and Safety Act ("OHSA"). It strengthens protections for workers from workplace violence and workplace harassment.

Workplace Violence

According to the Bill, workplace violence includes:

• The exercise of physical force by a person against a worker in a workplace that causes or could cause physical injury to the worker.
• An attempt to exercise physical force against a worker in a workplace that could cause physical injury to the worker.
• A statement or behaviour that it is reasonable for a worker to interpret as a threat to exercise physical force against the worker in a workplace, which could cause physical injury to the worker.

Employer Responsibilities

Employers are required to assess the risks of workplace violence and develop corresponding policies and procedures for investigating and handling complaints and incidents. They must also implement proper communication and programs for protecting workers. This includes:

• Measures and procedures for workers to report incidents of workplace violence and harassment to the employer.
• Procedures that the employer will follow for investigating and dealing with incidents and complaints of workplace harassment.
• Measures and procedures to control the risks identified in the risk assessment.
• Measures and procedures for summoning immediate assistance when workplace violence occurs or is likely to occur.

Bill 168's definition of workplace harassment

Bill 168, which became law on June 15, 2010, is an amendment to Ontario's Occupational Health and Safety Act ("OHSA"). It outlines stiff penalties for all employers in Ontario who fail to meet their new responsibilities and duties under the law.

Bill 168 defines workplace harassment as engaging in a course of vexatious comments or conduct against a worker in a workplace that is known or ought reasonably to be known to be unwelcome. In other words, workplace harassment occurs when a worker is subjected to repeated offensive or unacceptable remarks or behaviour that the harasser knows or should reasonably know are unwelcome.

Employers are required to assess the risks of workplace harassment and develop policies and procedures for investigating and handling complaints and incidents. They must also implement proper communication channels and protection programs for workers.

The Bill mandates that employers prepare written policies on workplace harassment and review them at least annually. These policies must be posted in a conspicuous place in the workplace. Employers must also develop and maintain programs to implement these policies, including measures and procedures for workers to report incidents of workplace harassment, procedures for investigating and dealing with incidents and complaints, and any other prescribed elements.

Failure to comply with the provisions of Bill 168 can result in significant fines and even imprisonment for individuals, underscoring the importance of understanding and adhering to the Bill's definition of workplace harassment.

Bill 168's requirements for employers

Bill 168, also known as the Occupational Health and Safety Amendment Act (Violence and Harassment in the Workplace) 2009, came into force on June 15, 2010, in Ontario, Canada. The Bill outlines the requirements for employers to ensure the safety of their workers from violence and harassment. Here are the key requirements for employers under Bill 168:

Preparation of Workplace Policies

Employers are required to prepare and develop written policies to address workplace violence and harassment. These policies must be reviewed at least annually and posted in a conspicuous place in the workplace. The policies should include measures and procedures for handling incidents and complaints, as well as steps to protect workers.

Risk Assessment and Reporting

Employers must assess the risks of workplace violence and report the results to the joint health and safety committee or a health and safety representative. This assessment should consider the nature of the workplace, the type of work, and the conditions that may contribute to violence. Employers are also responsible for reassessing the risks as necessary to ensure the safety of workers.

Workplace Violence Program

Employers are required to develop and maintain a program to implement the workplace violence policy. This program should include measures and procedures to control the identified risks, summon immediate assistance in case of violence, and report incidents of workplace violence. The program should also outline how the employer will investigate and address incidents and complaints.

Domestic Violence Protection

If an employer becomes aware or ought reasonably to be aware that domestic violence may occur in the workplace and potentially expose a worker to physical injury, they must take all reasonable precautions to protect the worker. This includes developing a safety plan, increasing security measures, and making necessary arrangements to ensure the worker's safety.

Information Provision

Employers have a duty to provide workers with information and instruction on the contents of the workplace violence and harassment policies and programs. This includes informing workers about the risks of violence from individuals they may encounter in the course of their work if there is a potential risk of physical injury. However, employers must be careful not to disclose more personal information than is reasonably necessary to protect the worker's privacy.

Annual Review and Reassessment

Employers are required to review the workplace violence and harassment policies at least once a year. Additionally, they must reassess the risks of workplace violence as often as necessary to ensure that the policies and programs remain effective in protecting workers.

Bill 168's requirements for employees

Bill 168, which became law on June 15, 2010, is an amendment to Ontario's Occupational Health and Safety Act (OHSA). It outlines the requirements for employers to protect workers from violence and harassment. Here are the key requirements for employees under Bill 168:

Workplace Policies and Programs:

Employers are required to develop and implement written policies and programs to address workplace violence and harassment. These policies must be posted in a conspicuous place in the workplace, unless the number of employees is five or fewer. The policies should include procedures for workers to report incidents, measures to protect workers, and guidelines for investigating and handling complaints.

Regular Review of Policies:

Employers are responsible for reviewing and updating their workplace policies regarding violence and harassment at least annually or as frequently as necessary to ensure their continued effectiveness.

Risk Assessment and Reporting:

Employers must assess the risks of workplace violence, including potential sources such as the nature of the workplace, the type of work, and the working conditions. They should also report the results of these assessments to the joint health and safety committee or a health and safety representative. Employers are obligated to reassess the risks as needed to ensure that their policies and programs effectively protect workers.

Protection from Domestic Violence:

If an employer is aware or ought to be aware that domestic violence may occur in the workplace and pose a risk of physical injury to a worker, they must take all reasonable precautions to protect the worker. This includes informing co-workers who may encounter the potentially violent individual and providing them with relevant information while respecting the employee's privacy rights.

Training and Information:

Employers are responsible for providing workers with information and instruction on the contents of the workplace violence and harassment policies, as well as any other prescribed information. This ensures that employees are aware of their rights and the procedures in place to address violence and harassment.

Compliance and Consequences:

Bill 168 outlines stiff penalties for employers who fail to meet their responsibilities under the law. Non-compliance may result in fines of up to $500,000 for corporations and up to $25,000 or 12 months imprisonment for individuals.

Bill 168's requirements for supervisors

Bill 168, which came into force on June 15, 2010, outlines several requirements for supervisors in Ontario to ensure the protection of workers from violence and harassment.

Risk Assessment

Supervisors are required to assess the risks of workplace violence and advise the committee or a health and safety representative of the results. If there is no committee or health and safety representative, supervisors must advise the workers of the results and provide copies of the assessment if requested.

Reassessment

Supervisors must reassess the risks of workplace violence as often as necessary to ensure that the related policies and programs continue to be adequate in protecting workers.

Provision of Information

Supervisors have a duty to provide workers with information, including personal information, related to a risk of workplace violence from a person with a history of violent behavior if:

• The worker can be expected to encounter this person in the course of their work
• The risk of workplace violence is likely to expose the worker to physical injury

Supervisors must not disclose more personal information than is reasonably necessary to protect workers from physical injury.

Worker Refusal to Work

Workers now have the right to refuse work if they believe that workplace violence is likely to endanger them.

Training

In workplaces covered by the Regulation for Health Care and Residential Facilities, supervisors are legally required to consult with the Joint Health and Safety Committee (JHSC) or Health and Safety representatives when developing, establishing, and providing health and safety training, including workplace violence and harassment training.

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