FAQ About Bill 168 (Workplace Violence Legislation)

Clear Path's HR consultants love to help employers resolve their HR challenges and answer important questions.

Here are answers to some of the most commonly asked questions regarding Ontario's Bill 168, which modified the Occupational Health and Safety Act to include explicit requirements for employers to prevent workplace violence and harassment.

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What is the Occupational Health & Safety Act (OHSA)?

• Provincial legislation that imposes a general duty on employers to protect workers against health and safety hazards on the job 
  
• Establishes procedures for dealing with hazards 
• Enforcement is carried out by government inspectors 
  
• In some serious cases, charges may be laid by police or crown attorneys under Section 217.1 of the Canada Criminal Code (known as Bill C-45)

When did Bill 168 come into effect?

• Bill 168 came into effect on June 15, 2010
• However, several sources estimate that approximately 80% of businesses are not yet compliant and open to penalties from the MOL

What are the elements contained within Bill 168?

• Expands definitions of workplace “violence” and “harassment” 
  
• Places explicit duty on employers to  protect workers
• Adds new obligation to prevent domestic violence in the workplace 
  
• Controversial requirement to disclose an individual’s history of violent behaviour to fellow employees 
  
• Conflicts with privacy legislation
• New rules for work refusals 
• List of new required actions for employers

What two cases influenced Bill 168?

• O.C. Transpo (Ottawa) in 1999 where bus driver Pierre Lebrun retaliated about workplace bullying by shooting 4 co-workers and himself
  
• Hôtel-Dieu Grace Hospital (Windsor) in 2005 where nurse Lori Dupont was murdered by a doctor with whom she had a previous romantic relationship

What factors increase likelihood of workplace violence?

• Working with the public
• Working alone, in isolated areas, or during early/late hours 
  
• Handling money, valuables or prescription drugs 
  
• Alcohol being served 
  
• Working during times with increased levels of stress (tax season, Christmas)
• Being involved in interactions that can be confrontational (perform. appraisals) or during periods of intense organizational change (e.g. strikes, downsizing)
• Working in the health care or criminal justice systems

Previously, claims of harassment had to be linked to "protected grounds." What are "protected grounds" under the Human Rights Code?

• Age •  Race •  Religion •  Religious creed •  Political opinion •  Colour or ethnic origin •  National or social origin •  Sex •  Sexual orientation •  Marital status •  Family status  •  Physical disability •  Mental disability

What  actions must an employer take when presented with suspected domestic violence of an employee?

• Investigate and assess the level of risk

• Potentially prevent the accused party from entering the premises or attending a work-sanctioned event (i.e. holiday party) 
  
• Notify fellow employees who are likely to encounter the accused of the risk 
  
• Disclosure may be limited to security/reception or to individuals who work directly with the affected spouse 
  
• It may also be necessary to notify the entire workforce. 
  
• Limit disclosure of personal information to what is reasonably necessary to protect workers from physical injury. 

Prior to Bill 168, what was the law related to work refusals (Section 43)?

• Section 43 stated that an employee can refuse work if he/she believes that the situation is unsafe to either himself/herself or his/her co-workers.
• The employee must report to their supervisor that they are refusing to work and state why they believe the situation is unsafe. 
  
• Employee, supervisor, and a Joint Health & Safety Committee (JHSC) member will investigate. 
  
• Worker is to remain in a safe place near their work station

What are the new work refusals under Bill 168?

• Under Bill 168, employees may refuse unsafe work where they have reason to believe that “workplace violence is likely to endanger himself or herself…”
• Bill 168 also removes the requirement for that worker to remain near the workstation until the resulting investigation is complete. 
  

• Instead, the worker is required to remain “in a safe place that is as near as reasonably possible to his or her work station…”   
  
• Note: The right to refuse work does not apply in instances related to workplace harassment

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Is your company compliant with Bill 168?
Not sure? Check out Clear Path's Do-It-Yourself Bill 168 package. This easy-to-use system will guide you through all the required steps for compliance and includes up to 2 hours of assistance from our certified HR consultants. Best thing, we're offering it at a special discounted price until June 30th, 2013. Click here to learn more.

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