EXPLANATORY NOTE

The Bill amends the Occupational Health and Safety Act. The provisions of the Act protecting workers against reprisals are amended to include protections against reprisals against workers who speak out about workplace violence and workplace harassment. The amendments provide that a reprisal is any measure taken against a worker that adversely affects the worker's employment. Examples of reprisals are provided.

Bill 192 2017

An Act to amend the Occupational Health and Safety Act to protect workers who speak out about workplace violence and workplace harassment

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

Occupational Health and Safety Act

1 Subsection 50 (1) of the Occupational Health and Safety Act is repealed and the following substituted:

No reprisal

(1)  No person shall take a reprisal against a worker because the worker, in good faith,

  (a)  acts or has acted in compliance with this Act or the regulations or an order made under this Act;

  (b)  seeks or has sought advice about a possible contravention of this Act or the regulations or the enforcement of this Act or the regulations;

   (c)  seeks or has sought the enforcement of this Act or the regulations;

  (d)  assists or has assisted with the activities of a joint health and safety committee or health and safety representative;

  (e)  seeks or has sought the establishment of a joint health and safety committee or the designation of a health and safety representative;

   (f)  performs or has performed the function of a joint health and safety committee member or occupational health and safety representative;

  (g)  refuses or has refused to perform an act or series of acts that the worker reasonably believes violate this Act or the regulations;

  (h)  gives or has given information to a joint health and safety committee, a member of the joint health and safety committee, a health and safety representative, a trade union, an inspector or any other person responsible for the administration of this Act or the regulations;

    (i)  makes a report of workplace violence or workplace harassment to an employer, supervisor, joint health and safety committee or member of a joint health and safety committee, health and safety representative, trade union or inspector;

    (j)  participates in a workplace violence or workplace harassment investigation;

   (k)  is about to testify or has testified in a proceeding in respect of the enforcement of this Act or the regulations or in an inquest under the Coroners Act; or

    (l)  provides information to the public or makes a disclosure or complaint to the public about workplace violence, workplace harassment or any other possible contravention of this Act or the regulations.

Same

(1.1)  For the purposes of subsection (1), a reprisal is any measure taken against a worker that adversely affects the worker's employment, and includes, without limiting the generality of the foregoing,

  (a)  ending or threatening to end the worker's employment;

  (b)  demoting, disciplining or suspending, or threatening to demote, discipline or suspend, a worker;

   (c)  imposing or threatening to impose a penalty related to the worker's employment, including a penalty such as layoff, transfer, discontinuation or elimination of a job, change of a job location, reduction in wages or change in hours of work; or

  (d)  intimidating or coercing a worker in relation to the worker's employment.

Commencement

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

Short title

3 The short title of this Act is the Speaking Out About Workplace Violence and Workplace Harassment Act, 2017.