On December 9th, 2009 Bill 168 an act to amend the Occupational Health and Safety Act (OHSA) passed its third reading. Bill 168 requires employers to have violence and harassment policies and programs in place to further protect workers. It also includes domestic violence as part of the legislation, making it a requirement that if employers are aware that domestic violence may expose a worker to physical injury in the workplace they must respond once aware.
Under the OHSA, Workplace Violence can be defined as (a) the exercise of physical force by a person against a worker, in a workplace, that causes or could cause physical injury to a worker; (b) an attempt to exercise physical force against a worker, in a workplace, that could cause physical injury to a worker; (c) a statement or behaviour that 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 can be defined as ‘engaging in a course of vexatious comment or conduct against a worker in a workplace that is known or ought to be known to be unwelcome’ under the OHSA.
The risk of workplace violence occurring is greater in jobs that involve handling cash, working with the public, mobile/vehicular workplaces, working alone or in small numbers, transporting people or goods, protecting or securing valuables, etc.
Workplaces that regularly employ more than 5 workers are required to prepare and post their violence and harassment policy. Employers will have six months from the date Bill 168 reaches Royal Assent to have their programs and policies prepared.
HR Performance & Results can assist you in complying with the new amendment. For further information please visit our Health & Safety training page by clicking here.
For assistance with your policies and programs please feel free to give us a call or send an e-mail to janice@hrpar.ca
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