Facts About Ontario's Bill 168

What is Bill 168?
Bill 168 is an Act to amend Ontario's Occupational Health & Safety Act 
related to workplace violence and harassment

When did the legislation come into effect?
Five years ago on June 15, 2010

What kind of obligation does it impose on employers?
It places an explicit obligation on employers to take steps to protect their employees from workplace violence and harassment, including the threat of domestic violence within the workplace. 

Which real-world cases influenced the creation of Bill 168?
Two tragic cases of workplace violence and harassment were referenced in the creation of this legislation. 

• First, the 1999 case of O.C. Transpo bus driver Pierre Lebrun who shot and killed four co-workers (and himself) as a retaliation for ongoing bullying he was subjected to in relation to a speech impediment. 
• The second, the 2005 case at Windsor's Hôtel-Dieu Grace Hospital where nurse Lori Dupont was murdered by a doctor with whom she had a previous romantic relationship. In both cases, management did not take sufficient steps to prevent the violence.
  

How did the legislation expand the definitions for workplace violence and harassment?
Bill 168 expanded the definitions of workplace violence (to include the threat of violence) and workplace harassment (removing the need to link a claim to a protected ground).

What are some of the more controversial elements of the legislation for employers?

• Requiring an employer to disclose a worker's history of violent behaviour to other employees (which may be contrary to existing privacy legislation).
  
• Requiring employers to take steps to prevent an employee's spouse or partner from entering the workplace if they are told about (or suspect) a risk of domestic violence.

What Must Employers Do To Comply?

• Perform a risk assessment (at least once per year) to determine risk of workplace violence, including research into similar businesses and communicate results to H&S Committee and/or employees.
  
• Develop written policies on workplace violence & harassment 
  
• Create and communicate procedures, particularly related to: a)Reporting an incident and b) Summoning emergency assistance 
  
• Prevent domestic violence from occurring in the workplace 
  
• Disclose an individual’s history of violence where workers are likely to encounter that person in the course of their work and where there is a risk of physical injury 
  
• Train for employees on new legislative changes
  

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What Is New With Bill 168

Our Bill 168 DIY Package

FAQ about Bill 168

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If you have any questions about Bill 168, need help in assessing your risk in relation to workplace violence or harassment, would like an external third party to investigate an employee complaint, or are concerned you may not be compliant with the legislation, please contact Anna Aceto-Guerin at anna@clearpathemployer.com or (519) 624-0800.

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