Bill 131, Occupational Health and Safety Amendment Act (Workplace Violence and Workplace Harassment), 2004

Versions

Bill 131 2004

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

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 definitions:

"workplace harassment" means unwanted or unwelcome acts of coercion and psychological harassment or misuse of power, including annoying or distressing behaviour through repeated and hostile or unwanted conduct, verbal comments, threats, actions or gestures that affect a person's dignity or psychological or physical integrity and that result in a harmful workplace environment; ("harcèlement au travail")

"workplace violence" means acts of physical or psychological violence that persons commit in a workplace, including any acts 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 or workplace harassment

(5) An employer shall,

(a) in conjunction with the workers and supervisors and in accordance with the requirements prescribed for this purpose, develop a written code of conduct that is reflective of a commitment to maintain a workplace free from violence and harassment, that establishes a clear prohibition against workplace violence and workplace harassment in their various forms and which reflects the workers' rights to be treated with respect and dignity;

(b) establish formalized policies and procedures to deal with acts of workplace violence and workplace harassment in the employer's workplace,

(i) which must include a complaints procedure, reporting procedure and an investigative procedure, and

(ii) which must establish disciplinary measures and remedies to deal with substantiated complaints of workplace violence and workplace harassment, including an accommodation for a worker who was the victim of workplace violence or workplace harassment if the worker's health or safety is jeopardized;

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

(d) 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 or workplace harassment in the employer's workplace;

(e) post a copy of the code of conduct described in clause (a), the procedures described in clause (b) and the disciplinary measures described in clause (d) in a conspicuous location in the employer's workplace;

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

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

(h) require that there is in place an ongoing commitment to education and prevention training around the various forms of workplace violence and workplace harassment and the negative effect such conduct has on the workplace.

Policies and procedures

(6) As part of the formalized policies and procedures established under clause (5) (b), the employer shall,

(a) establish a team 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 or workplace harassment in the employer's workplace and make recommendations to the employer on dealing with these situations and on preventing occurrences or reoccurrences of workplace violence or workplace harassment;

(c) require the team of specialists to make periodic reviews of the employer's workplace to evaluate the effectiveness of the formalized workplace violence and workplace harassment policies and procedures; and

(d) undertake all other measures prescribed for the purpose of the policies and procedures.

Investigation

(7) An employer who receives a report of an act of workplace violence or workplace harassment 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 and on how to prevent further incidences of workplace violence or workplace harassment in order to ensure a safe workplace.

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 or workplace harassment, the employer shall,

(a) have the worker undergo a psychological assessment of the risk that the worker poses for committing acts of workplace violence or workplace harassment; 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 a worker who has been found to have committed an act of workplace violence or workplace harassment as the result of a determination under subsection (8), 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 workplace harassment; 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 or workplace harassment

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

4. (1) Subsection 28 (1) of the Act is amended by adding the following clause:

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

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

(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 or workplace harassment.

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), the formalized procedures and policies described in clause 25 (5) (b) and the policy of progressive disciplinary measures described in clause 25 (5) (d);

17.2 governing the psychological assessment that an employer may administer to an employee under clause 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 and Workplace Harassment), 2004.

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 and workplace harassment which are defined to be acts of physical or psychological violence or coercion, psychological harassment or misuse of power that persons commit in a workplace. 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 workplace harassment that is reflective of a commitment to maintain a workplace free from violence and harassment.

2. An employer must establish formalized policies and procedures, including a complaints procedure, reporting procedure and an investigative procedure and must establish remedies and disciplinary measures to deal with workplace violence and workplace harassment.

3. As part of the formalized policies and procedures, an employer must establish 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 or workplace harassment and make recommendations to the employer on dealing with those situations.

4. Supervisors and workers must report to their employer all acts of workplace violence or workplace harassment 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 or sexual assault, the employer must report it to the police.

5. 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 in order that they may be made aware of various forms of workplace violence and workplace harassment and the negative effect such conduct has on the workplace.