The Occupational Health and Safety Act requires employers in Ontario to assess the risks of workplace violence and develop policies and programs towards eliminating violence and harassment in their workplaces.

What is workplace violence?

The Occupational Health and Safety Act defines workplace violence as,

• 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, that could cause physical injury to the worker.

Workplace violence includes threatened, attempted, or actual behaviour of a person that causes or is likely to cause physical injury to an employee in the workplace. Examples include:

• a. Physical attacks such as kicking, hitting, pushing
• b. Verbal or written threats that express an intent to harm
• c. Threatening behaviour such as shaking fists, or destroying property

What is workplace harassment?

According to the Occupational Health and Safety Act, workplace harassment means 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.

Workplace harassment or bullying is persistent or excessive negative behaviour towards a worker in the workplace. It includes:

• a. Engaging in verbal abuse e.g. yelling, name calling, making threats
• b. Belittling a worker's opinions
• c. Spreading malicious rumours
• d. Undermining or sabotaging a worker's work
• e. Deliberately ignoring or excluding a worker (silent treatment)

Bill 168 - Workplace Violence and Harassment

On June 15, 2010, new legislation dealing with workplace violence and harassment in the workplace came into effect. This legislation is meant to protect workers from incidents of workplace violence and harassment. It sets out specific duties and requirements for employers, including transportation, construction and utility industry employers.

The amendments to Ontario's Occupational Health and Safety Act include definitions of workplace violence and harassment directed towards a worker from any person, including clients, co-workers, friends, current or former family members, and strangers. They also extend workers' right to refuse work if they believe that they are at risk of physical injury due to possible workplace violence.

In addition, all employers will have to:

• prepare policies on workplace violence and harassment and develop and maintain programs to implement them;
• assess the risks of workplace violence based on the nature of the workplace and type of work, and develop measures and procedures to control them;
• if aware of potential for domestic violence, take reasonable precautions to protect workers who are at risk of physical injury;
• alert certain workers to the risk of workplace violence from persons with a history of violent behaviour.

The information provided is meant to help industry employers understand the requirements of this legislation and assist them with the development of their workplace violence and harassment prevention policy and programs.

Violence and Harassment in the Workplace Toolkit

This toolkit has been developed to assist industry employers with the development of their company specific violence and harassment prevention programs.

What's in the Toolkit?

This Toolkit contains general information on the workplace violence and harassment legislation, a.s well as, guidelines, sample policies and checklists that can be used to develop a company specific violence and harassment policy and program.

Who can use the Toolkit?

This toolkit was developed primarily to assist employers in Ontario's Transportation, Utility and Construction sectors.

Workplaces that are subject to federal labour legislation should consult federal publications for support in meeting those specific obligations.

How to use the Toolkit.

• Click the Start button to open the web page, "Workplace Violence and Harassment: What should the employer do?"
• Review the information provided on the page.
• Open the documents associated with each section by clicking on the section title or the links underneath.

Training Courses

• Bill 168 Workshop

E-learning and Videos

Workplace Violence and Harassment: What Employers Should Know

To protect workers, the Occupational Health and Safety Act has been amended to include specific requirements designed to protect workers from workplace violence and harassment.

In this presentation you will find out what the law says about workplace violence and harassment, what the employer needs to do, risk assessment, and development of a workplace violence and harassment program.

• View Workplace Violence & Harassment Video

Resources

Links to other workplace violence and harassment resources:

IHSA

• Web page: Violence and Harassment in the Workplace Toolkit
• Report Form: Workplace Violence Incident Report

Ministry of Labour (MOL)

• Web page: Workplace Violence and Workplace Harassment
• Guidelines: Workplace Violence and Harassment: Understanding the Law
• Factsheet: Preventing Workplace Violence and Workplace Harassment
• Video: Workplace Violence and Harassment

Occupational Health & Safety Council of Ontario (OHSCO)

• Developing Workplace Violence and Harassment Policies and Programs: What Employers Need to Know
• Developing Workplace Violence and Harassment Policies and Programs: A Toolbox
• Protecting Workers from Workplace Violence: What Employers Need to Know (pamphlet)
• other language: fra
• Domestic Violence Doesn't Stop When Your Worker Arrives at Work: What Employers Need to Know to Help
• other languages: chi-s / chi-t / fra / por / spa
• Domestic Violence Doesn't Stop When You go to Work: How to get Help or Support a Colleague who may Need Help
• other languages: chi-s / chi-t / fra / por / spa

If you don't have the Adobe Acrobat Reader to access the pdf documents, you can download a free version from the Adobe website.