Updates on Workplace Violence Legislation

June 15th marks the third anniversary of Ontario's Bill 168, which modified the Occupational Health and Safety Act to include more stringent and explicit requirements for employers to prevent workplace violence and harassment. 

Bill 168 remains controversial because it includes the need to prevent domestic violence in the workplace and the obligation to disclose a co-worker's history of violence to fellow employees.

It is estimated that up to 80% of Ontario small businesses are not yet compliant with the legislation (or may not understand that they have not completed all the requirements).

Here are some updates on what's happening in Ontario related to Bill 168:

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Labour board finds Ontario business liable under Bill 168

In January, the Ontario Labour Relations Board (OLRB) found that Pro-Cut Concrete Cutting, a commercial and industrial concrete supplier based in Thornhill), was liable for a supervisor’s assault and threats against two workers as a violation of the Bill 168 provisions within the Occupational Health and Safety Act. 

Interestingly, it declined to award the union's request for substantial monetary damages (they had asked for $50,000 in punitive damages and $100,000 to each worker for mental distress). The board did award lost pay to the workers.

The company was providing services at a construction job site on Sept. 24, 2012 when a supervisor (who is also a principal of the company) physically assaulted a labourer. On Nov. 5, 2012, the same supervisor threatened another worker with physical violence and death. The workers' union filed a grievance.

A summary of the results:

• The board decided there was sufficient evidence to conclude the assault on one labourer and threats to the other took place.
• It also found that Pro-Cut had failed to develop and maintain a program to implement workplace policies with respect to workplace harassment and violence, and had not provided any information or instruction for its workers on any such policy (violations of Bill 168).
• OLRB ordered Pro-Cut to cease and desist from violating the act and any related collective agreement provisions and pay compensation for any lost pay to the two labourers. 
• However it declined to grant the union’s requests for additional monetary damages as well as an order prohibit the supervisor from entering the Pro-Cut jobs sites.
• It also declined the request that a formal apology be given from the supervisor to the workers, stating it did not have enough information.
• Another hearing is scheduled to assess damages for the violation of the collective agreement.

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MOL blitz targets workplace violence in healthcare industry

According to the MOL press release, more than 550,000 Ontarians work at hospitals, long-term care homes, retirement homes and other health care workplaces. This sector is particularly vulnerable to incidents of violence as health care workers regularly deal with patients with mental illnesses or who are under the influence of drugs or alcohol.

• In Canada, one-third of all workplace violence incidents occur in health care and social service settings, according to a 2004 Statistics Canada report.

Between February and March 2013, MOL inspectors visited hospitals, long-term care facilities, and residential group homes to check that employers are:

• Preparing policies and programs to protect workers from workplace violence and harassment
• Providing information to workers on the policies and programs
• Assessing violence risks in the workplace
• Establishing measures and procedures to control violence
• Taking reasonable precautions to protect workers from domestic violence in the workplace

Yasir Naqvi, Ontario's Minister of Labour, released the following statement regarding the Winter Blitz:

“Our government is committed to preventing injuries and deaths of workers in health care workplaces, and ensuring every Ontarian feels safe at work. This Winter blitz is about creating awareness, so at the end of the day workers in the healthcare sector can recognize situations where themselves or their co-workers may be at risk.”
– Yasir Naqvi, Minister of Labour

The results of the MOL Blitz are not yet available, but will be shared at a later date.

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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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