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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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