Bill 51, Occupational Health and Safety Amendment Act (Workplace Violence), 2003

Versions

Bill 51 2003

An Act to amend the
Occupational Health and Safety Act
with respect to acts of workplace violence

Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

1. Subsection 1 (1) of the Occupational Health and Safety Act, as amended by the Statutes of Ontario, 1993, chapter 27, Schedule, 1994, chapter 24, section 35, 1994, chapter 25, section 83, 1997, chapter 16, section 2 and 1998, chapter 8, section 49, is amended by adding the following definition:

"workplace violence" means acts of violence that persons commit in a workplace and includes acts of physical or psychological violence, including bullying, mobbing, teasing, ridicule and any other acts or use of words that can reasonably be interpreted as designed to hurt or isolate a person in the workplace. ("violence au travail")

2. Section 25 of the Act is amended by adding the following subsections:

Workplace violence

(5) An employer shall,

(a) in conjunction with the workers and supervisors and in accordance with the requirements prescribed for that purpose, develop a written code of conduct that requires the employer, workers and supervisors not to commit acts of workplace violence and reflects their right to be treated with respect and dignity;

(b) in conjunction with the workers, the supervisors and the committee for the workplace and in accordance with the requirements prescribed for that purpose, develop a comprehensive written escape plan in case of fire or emergency;

(d) report to the police all acts of workplace violence in the employer's workplace of which the employer knows, if they involve physical assault;

(e) establish a written policy of progressive disciplinary measures that the employer will take to deal with workers whom the employer finds have committed acts of workplace violence in the employer's workplace;

(f) post a copy of the code of conduct described in clause (a), the escape plan described in clause (b) and the policy described in clause (e) in a conspicuous location in the employer's workplace;

(g) keep and maintain accurate records, in accordance with the requirements prescribed for that purpose, of reports that it receives of acts of workplace violence in the employer's workplace and disciplinary measures that it takes to deal with workers whom the employer finds have committed acts of workplace violence in the employer's workplace;

(h) ensure that the employer, supervisors and workers receive adequate training in the contents of the code of conduct and the policy and their respective rights and obligations under this Act and the regulations with respect to acts of workplace violence; and

(i) require that a worker who ceases to be a worker of the employer shall undergo a psychological assessment determined by the employer that assesses the risk that the worker poses for committing acts of workplace violence.

Strategies

(6) As part of the strategies mentioned in clause (5) (c), the employer shall,

(a) establish a team of one or more persons who are specialists in the areas of management, human resources, security, labour relations, health, law, risk management and whatever other areas the employer considers appropriate;

(b) require the team of specialists to identify and assess potential situations of acts of workplace violence in the employer's workplace and make recommendations to the employer on dealing with those situations;

(c) require the team of specialists to make periodic reviews of the employer's workplace to evaluate the effectiveness of the strategies; and

(d) undertake all other measures prescribed for the purpose of the strategies.

Investigation

(7) An employer who receives a report of an act of workplace violence in the employer's workplace shall have the team of specialists described in clause (6) (a) investigate the act, determine what occurred and make recommendations to the employer on dealing with the situation.

Assessment of worker

(8) If the employer, in conjunction with the team of specialists, determines that a worker has committed an act of workplace violence, the employer shall,

(a) have the worker undergo a psychological assessment of the risk that the worker poses for committing acts of workplace violence; and

(b) take the assessment into consideration in determining what disciplinary measures to take against the worker.

Training of worker

(9) The employer may require the worker, as a condition to continuing to act as a worker of the employer, but subject to any limitations prescribed for that purpose,

(a) to attend training programs to become better able to comply with the employer's code of conduct on workplace violence; and

(b) to undergo periodic psychological assessments to determine whether the worker is meeting the objective of the training programs.

3. Section 27 of the Act is amended by adding the following subsection:

Report of workplace violence

(3) A supervisor shall report to the employer all acts of workplace violence in the employer's workplace of which the supervisor knows.

4. Subsection 28 (1) of the Act is amended by striking out "and" at the end of clause (c) and by adding the following clauses:

(c.1) report to his or her employer and supervisor all acts of workplace violence in the employer's workplace of which the worker knows;

. . . . .

(e) undergo the psychological assessment described in clause 25 (8) (a); and

(f) upon ceasing to be a worker of the employer and at the request of the employer, undergo a psychological assessment of the risk that the worker poses for committing acts of workplace violence.

5. Subsection 54 (1) of the Act is amended by adding the following clause:

(c.1) require the production of a written copy of the recommendations and reviews that a team of specialists has made to the employer under clause 25 (6) (b) or (c) or subsection 25 (7);

6. Subsection 70 (2) of the Act, as amended by the Statutes of Ontario, 1997, chapter 16, section 2, 1998, chapter 8, section 59 and 2001, chapter 9, Schedule I, section 3, is amended by adding the following paragraphs:

17.1 governing the rights and obligations to be included in a code of conduct described in clause 25 (5) (a), an escape plan described in clause 25 (5) (b) or a policy of progressive disciplinary measures described in clause 25 (5) (e);

17.2 governing the psychological assessment that an employer may administer to an employee under clause 25 (5) (i) or 25 (9) (b);

Commencement

7. This Act comes into force on the day it receives Royal Assent.

Short title

8. The short title of this Act is the Occupational Health and Safety Amendment Act (Workplace Violence), 2003.

EXPLANATORY NOTE

The Bill amends the Occupational Health and Safety Act to impose duties on employers, supervisors and workers with respect to acts of workplace violence which are defined to be acts of physical or psychological violence that persons commit in a workplace, such as bullying and teasing. The duties include the following:

1. In conjunction with the workers and supervisors, an employer must develop a written code of conduct with respect to workplace violence and post a copy of the code in a conspicuous location in the workplace.

2. In conjunction with the workers, the supervisors and the joint health and safety committee established under the Act, an employer must develop a comprehensive written escape plan in case of fire or emergency and post a copy of the plan in a conspicuous location in the workplace.

3. An employer must establish strategies to deal with acts of workplace violence. The strategies must include establishing a team of specialists in the areas of management, human resources, security, labour relations, health, law and risk management who identify and assess potential situations of acts of workplace violence and make recommendations to the employer on dealing with those situations.

4. An employer must develop a written policy of progressive disciplinary measures that the employer will take to deal with workers whom it finds have committed acts of workplace violence. The employer must post a copy of the policy in a conspicuous location in the workplace.

5. Supervisors and workers must report to their employer all acts of workplace violence of which they know. An employer must keep accurate records of all reports received. If an employer receives a report of an act of workplace violence that involves physical assault, the employer must report it to the police.

6. Upon receiving a report that a worker has committed an act of workplace violence, an employer must have the worker undergo a psychological assessment. If the employer determines that the worker has committed acts of workplace violence, the employer may require that the worker attend training programs.

7. An employer must ensure that the employer, supervisors and workers receive adequate training in their respective rights and obligations under the Act and the regulations with respect to acts of workplace violence.

8. A worker who ceases to be a worker must, at the employer's request, undergo a psychological assessment determined by the employer that assesses the risk that the worker poses for committing acts of workplace violence.