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On June 15, 2010, Bill 168, which amended the Occupational Health and Safety Act (OHSA) to deal with workplace violence and harassment, came into force. In 2016, Bill 132 further amended the OHSA to expand the meaning of workplace harassment to include workplace sexual harassment.
Bill 168 established how workplace harassment and workplace violence are defined in the OHSA.
Bill 168 defines “workplace harassment” 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”. Differences of opinion, minor disagreements between coworkers, and reasonable performance management and supervision of employees are not considered to be harassment under the OHSA.
Unlike the definition of “harassment in employment” under the Ontario Human Rights Code (“the Code”), the definition of harassment in the OHSA is broader as it includes any form of harassment, not just harassment based on one of the Code’s protected grounds.
Workplace violence is defined as the attempt or exercise of physical force by a person against a worker in a workplace, which causes or could cause physical injury. This includes statements or behaviour that a worker reasonably interprets as a threat to exercise physical force.
The law requires every workplace in Ontario with more than five employees to:
Workplace harassment can undermine a person’s dignity. It can prevent workers from doing their jobs effectively. Workplace harassment, left unchecked, has the potential to escalate into violent behaviour. All workers are entitled to a safe and healthy workplace.
In some jurisdictions, occupational health and safety law requires workplaces to have workplace harassment policies and programs. Effective policies benefit the workplace in many ways and decrease employer liability.
A policy is the employer’s commitment to protect workers from the hazard of harassment. A program is the actions the employer will implement to support the policy. Both should be in writing and posted in a conspicuous location so that they are available to all workers.
The program should be developed together with the Joint Health and Safety Committee, Health and Safety Representative or other worker(s) as per applicable occupational health and safety requirements. It should be reviewed annually or as often as necessary (i.e. after an incident).
Workers should receive training and instruction on the policy and program.
In Ontario, Canada, the Occupational Health and Safety Act has a series of regulations requiring employers to have a harassment policy and programs. The Ministry of Labour published a suggested Code of Practices for workplaces in this regard. The following Sample Policy, Program and Complaint Form are derived from this Code of Practice.
Our Sample Violence and Harassment Policy, Program and Complaint Form meet all the requirements in the jurisdiction of Ontario. Because the law in Ontario is advanced and recently updated, it is likely that the Generic Documents provided will meet most or all criteria in other jurisdictions.
It is recommended to workplaces in other jurisdiction that they review applicable legislation to be sure that all requirements are met.
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As of January 1, 2012, the Accessibility for Ontarians with Disabilities Act (AODA) legally required all organizations, both public and private, that provide goods or services either directly to the public or to other organizations in Ontario (third parties) and that have one or more employees, to provide accessible customer service to persons of all ability levels.
The Ontario government passed Bill 132, the Sexual Violence and Harassment Action Plan Act, which amended, among other statutes, the Occupational Health and Safety Act (OHSA). It follows the changes to OHSA brought in by Bill 168, which set out how harassment is to be dealt with as a health and safety issue in the workplace.
Bill 132 amends the OHSA to expand the meaning of workplace harassment to include workplace sexual harassment.
Employers whose workplaces are covered by the OHSA are obligated by law to provide basic health and safety awareness training to their workers and supervisors. This training is designed to help you understand what the OHSA expects from you. There are things you need to know and understand so that you and the people you supervise can be healthy and safe at work today and every day.
Employers must ensure workers complete a Health & Safety Awareness Training Program as soon as practical.
This includes all workers covered under Occupational Health and Safety Legislation, regardless of what sector they work in or their employment status (full-time, part-time, seasonal, etc.).
While this provides employers with some flexibility, these programs must be completed as soon as reasonably possible after a worker starts performing work for an employer.
It is recommended that the program be completed before a worker is exposed to workplace hazards.
Empower employees with the training and tools they need to contribute to a healthy and respectful workplace.
If you are trying to create or maintain a more respectful workplace, let HR Proactive help you design an interactive training session that is customized to your workplace.
The quality breadth and timeliness of content updating is paramount to the learner process.
Motivate learners and keep them engaged in the learning experience.
Our SCORM Training helps you to assign, track, and report employee progress.
Align compliance training with your business outcomes.
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