On June 15th, employers in Ontario have another compliance requirement. Bill 168 amends the current Occupational Health and Safety Act (OHSA) to explicitly include workplace violence and describes employer duties.

The Ontario Ministry of Labour provides some support and guidance on their website, but many of the provisions already existed under the general obligation of employers to provide for the safety of workers and the right of workers to refuse unsafe work. These are common in most Canadian jurisdictions. So what is new about the Bill 168 provisions?

In Ontario two high profile workplace incidents highlighted the danger to workers in the workplace from violence. The inquest recommendations following the murder of Lori Dupont in the Hotel Dieu Hospital in Windsor in 2005 and the murderous rampage by OC Transpo employee Pierre Lebrun in 1999 in Ottawa led directly to Bill 168’s amendments to the existing regulations.

Employers must perform a hazard assessment, similar to the hazard assessment they would undertake for hazardous products under WHMIS, or hazardous procedures like working in confined spaces. The ‘hazards’ dealt with by Bill 168 are workplace violence or harassment by other employees, clients or the public. Policies and procedures must be put into place to deal with the hazards identified. Just like any other workplace hazard the onus is on the employer, working with the Joint Health and Safety Committee, to identify potential hazards and consider engineering controls, administrative controls or issuing personal protective equipment. This could be as simple as ensuring the door locks are adequate, or as complicated as changing work shifts so vulnerable employees work in teams.

Bill 168 explicitly requires employers to protect workers in cases of ‘domestic’ violence as well. If the employer is aware of a domestic violence situation that could occur in the workplace, then reasonable precautions to protect the worker must be taken.

Bill 168 also requires that the employer inform the workers of potential hazards including another person’s history of violence. For example, a nurse or personal care worker must be informed of a patient who has a history of violence despite the privacy protections usually granted for such records.

With all compliance matters it’s crucial to document the process for any Ministry of Labour inspection that may occur or for an investigation after an incident. Written policies and procedures, records of training and evidence that the policies were enforced must be kept. Any incident of workplace violence or harassment must be investigated by a designated person and the steps taken must be documented fully.

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