Workplace Violence - Bill 168

Workplace Violence is defined as:

• The exercising of physical force by a person against a worker, in a workplace, that causes or could cause physical injury to the worker.
• An attempt to exercise physical force against a worker, in a workplace, that could cause physical injury to the worker
• A statement or behaviour that it is reasonable for a worker to interpret as a threat to exercise physical force against the worker, in a workplace, that could cause physical injury to the worker.

Workplace Harassment is defined as:

• Engaging in a course of vexatious comment or conduct against a worker in a workplace that is known or ought reasonably to be known to be unwelcome. Examples of this type of harassment includes bullying, teasing, intimidating or offensive jokes or innuendos, displaying or circulating offensive pictures or materials, or offensive or intimidating phone calls etc.

Ontario has recently joined the other Canadian provinces by adding protection of workers from workplace violence. On June 15th, 2010 after receiving royal assent, Bill 168 will be written into law in Ontario.

• Policy

Employers must develop a policy to deal with violence in the workplace as well as a program that will support this policy.

• Assess your workplace

Conduct an assessment in the workplace. The following factors must be considered when conducting an assessment.

• Treat workplace violence like any other hazard
• Recognize where it might occur
• Assess the level of risk
• Put in the appropriate controls
  
  
• Risk Awareness

Factors to be aware of:

• Individuals who have a history of violent behaviors
• The Employer must make known to any individual who may be exposed where the potential risk exists for violence
• No more personal information shall be disclosed than is reasonably necessary to protect the worker from physical injury
  
  
• Communication

Annual communication is necessary to all workplace parties including all employees, contractors, supplied labour, volunteers and students.

• Training

Training is required to ensure that workers can identify workplace violence and know what to do in such a situation.

• Reporting

Although workers are required to report workplace violence, they often do not due to a variety of reasons.

As the employer, ensure the following procedures are in place:

• Workers should have received appropriate medical attention
• The victimized worker must be sent to a safe place
• Ensure that appropriate forms are filled out. Separate forms are required based on the type of violence that has occurred (i.e. harassement or violence)
• Determine if the police or Ministry of Labour should be alerted
• Investigate the situation
  
  
• Dealing with Work Refusal

Workers who have reason to believe that the workplace violence they are exposed to may endanger their lives, have the right to refuse work. This clause does not extend to workers exposed to workplace harassment.

Workers who are victims of domestic violence are responsible to report this to their employer. Employers are required to protect their workers while they are at work against domestic violence and the "spill over" effects of this violence.

Use precautions to ensure that your worker is safe. They can include:

• Confront those who you know are being abused
• Offer resources in the community
• Bar the perpetrator from company premises
• Do not publish, on your company website, names, work extensions etc.
• Do not let the victim leave the building alone
• Ensure their work location is not near an entrance
• Notify security or reception. Leave a picture of the perpetrator for the purposes of recognition

Ministry of Labour