Bill 168 is Now Law: One Third of Ontario Businesses Not Ready
You knew it was coming.
June 15th has come and gone, and Bill 168, which amends the Occupational Health and Safety Act with respect to violence and harassment in the workplace and other matters, is now law.
The purpose of the Bill 168 amendments is to protect workers from inappropriate behaviour at work, including everything from offensive remarks to outright violence, and to reduce incidences of workplace harassment. The new law requires employers to develop policies and programs covering these issues, to train employees to ensure that policies are followed, and to create mechanisms for employees to report incidents and a process for investigating and dealing with such incidents or complaints.
The Occupational Health and Safety Act defines workplace violence as the exercise of physical force by a person against a worker, in a workplace, that causes or could cause physical injury to the worker. Because the definition includes the phrase “could cause,” verbal or written threats of violence can fall under the new law. In addition, seemingly potentially violent action might require an employer to investigate and handle the situation. This might include one employee shaking his fist at another, throwing an object in another worker’s direction or kicking something that another worker is standing on.
Workplace harassment is also covered by the new law, and is defined as any behaviour that is known or that a reasonable person would consider to be unwelcome. Harassment may involve unwelcome words or actions commonly known to be offensive, embarrassing, humiliating or demeaning to a worker or group of workers. If behaviour is in any way considered Intimidating, isolating or discriminatory, it would qualify as harassing behaviour under the law. Such harassment often involves repeated actions or patterns of behaviour, and they can include mean jokes told at a worker’s expense, or the display of images that are inappropriate for the workplace.
Unfortunately, according to a survey conducted by The Human Resources Professionals Association (HRPA) of its members, nearly one-third of them were not ready to comply with the new law. HRPA surveyed 605 of its members between June 2 – 11, and found that 32% responded that their business would not meet its obligations before the June 15th deadline. The survey also revealed that 53% of respondents said the greatest challenge they faced would be to implement the legislation’s mandatory employee training and workplace violence reporting and investigation procedure requirements. This despite the fact that, in a previous HRPA survey taken last summer, 75% of respondents supported the legislation.
If you are one of those companies that falls within that 32%, the Ministry of Labour wants to make it clear that they intend to enforce the new law, and suggest specific steps employers must take to comply, in order to protect workers from violence and harassment:
- Develop workplace violence and harassment policies, and develop and maintain programs to implement those new policies;
- Provide appropriate training to workers, so that they know these policies and programs and what they mean.
- Develop measures and procedures for calling for and receiving immediate assistance when workplace violence occurs or is likely to occur;
- Develop processes for reporting incidents ; and
- Conduct risk assessments and take steps to control those risks identified during the assessment.
If you need some assistance in understanding the new law, take a look at the following:
Workplace Violence and Harassment: Understanding the Law
http://www.labour.gov.on.ca/english/hs/pubs/wpvh/index.php
Preventing Workplace Violence And Workplace Harassment
http://www.labour.gov.on.ca/english/hs/sawo/pubs/fs_workplaceviolence.php
Tags: Due Diligence, Occupational Health and Safety Act, Occupational Health and Safety Act compliance, Worker Safety, workplace safety
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