Safe at Work

Jun 10, 2010

By Susan Irwin, Executive Director / Lawyer, Rural Legal Services

For most people, just getting through a day at work is hard enough without facing the prospect of harassment or violence on the job. Effective June 15, 2010, workers in Ontario will have new protections against harassment or violence in the workplace due to amendments to the Occupational Health and Safety Act (OHSA).

The amendments, contained in Bill 168, put a heavy onus on employers to deal with the issues of harassment and violence in the workplace. Failure to comply with the terms of the legislation can result in serious consequences for all employers governed by the Act (being most of Ontario’s workplaces!). Big or small, the Act will apply, and employers should be ready for the changes, while employees should be aware of their rights when faced with violence or harassment in the workplace.

“Workplace Violence” has a broad definition in the Act, and beyond the obvious meaning of being the actual or attempted application of physical force that causes or could cause injury to a worker, it also includes statements or behaviour that could reasonably be interpreted as threatening physical injury.

“Workplace Harassment” also has a broad definition and, while outright violence or threats of violence may be easier to identify, the new legislation makes it clear that employers must pay closer attention to this issue. Harassment, in general terms, consists of a course of vexatious comment or conduct directed at a worker in the workplace that is unwelcome or reasonably ought to be known to be unwelcome. The Ontario Ministry of Labour points out that workplace harassment “may include bullying, intimidating or offensive jokes or innuendos, displaying or circulating offensive pictures or materials, or offensive or intimidating phone calls.”

The violence or harassment may be between workers, or it may be the result of situations employees find themselves in as part of their employment. One example could be a person trying to deal with intoxicated customers, who are verbally threatening or even violent, as part of their job. Employers must have clear plans in place to deal with such possibilities.

In fact, by June 15th, employers must have taken several formal steps to deal with the possibility of workplace harassment or violence. The process to be followed is demanding and starts with a risk assessment. Policies must be developed and communicated to the workers; steps must be taken to control the risks of violence, and programs aimed at dealing with violence and harassment must be put in place and be maintained. Employers must provide a system that allows employees to summon immediate assistance when workplace violence occurs or is likely to occur.

Employers also have a new responsibility with respect to domestic violence in the workplace. Where an employer is aware, or reasonably ought to be aware, that there is a chance of domestic violence occurring at the workplace, then the employer will have an obligation to “take every precaution reasonable in the circumstances to protect a worker at risk of physical injury”.

Most employees will have the right to refuse work if they have a reason to believe that they are in danger from workplace violence, and the employer will have no right of reprisal. If you want to know if you are entitled to refuse to work under such circumstances, you can contact the Ministry of Labour at: 1-800-268-8013.

It is important to note that the amendments come into force on June 15th, and employers are supposed to be ready by then – regardless of the size of the business. Although our mandate does not extend to helping businesses, it is important that employees be aware of their rights to a safe workplace. More information can be obtained at http://www.labour.gov.on.ca/english/hs/sawo/pubs/fs_workplaceviolence.php or by calling the Ministry.

Legalese is a column of general information and opinion on legal topics by the lawyers of Rural Legal Services, Box 359, Sharbot Lake, ON, K0H2P0, 613-279-3252, or 1-888-777-8916. This column is not intended to provide legal advice. You should contact a lawyer to determine your legal rights and obligations.