It’s Almost Time to Implement Bill 168. Are You Ready?
Thursday, April 29th, 2010
It’s just about time for implementation of Bill 168, which covers workplace violence and harassment. Are you prepared?
The law goes into effect June 15, and defines workplace violence very specifically, as the actual, attempted or threat of physical violence against a worker in a workplace. The new law defines workplace harassment as “engaging in a course of vexatious comment or conduct against a worker in a workplace that is known or ought reasonably to be known to be unwelcome.”
The bill marks the first time in Ontario labour history that the responsibility to protect employees from workplace violence and harassment will fall squarely on employers. By June 15, employers will be required to create and implement workplace violence and harassment policies, to conduct risk assessments and reassess as necessary and even to disclose information to workers about a person’s history of violence, under certain specific circumstances. The law also extends to workers the right to refuse work if they believe they are at risk of injury due to workplace violence.
Implementing policies and procedures that are in compliance with Bill 168 will be no small task, and if your company hasn’t started yet, you might consider doing so now. Experts have made numerous suggestions regarding implementation, all of which will take some time. For example, some have suggested that work organization is very important in implementing policies such as these. Much like other types of risk assessments, you should look at how you do each job from every angle, and consider every possible way to mitigate the risk.
Many experts also suggest focusing on your company’s organizational culture in order to create an environment in which workplace violence or harassment will be less likely to occur. Companies might consider adopting a pre-employment screening program for applicants to determine whether they have criminal records, for example. It might also be a good time to develop a strong employee orientation system, in which new employees are evaluated not only on their job skills, but their tendency to handle difficult situations.
According to some experts, leadership is a key factor in creating a violence- and harassment-free workplace. After completing anti-harassment and sexual harassment training, managers and supervisors should be able to demonstrate the behaviours they hope to see in the workplace, since they will be expected to lead by example.
Worker involvement in any new set of policies is also considered critical in implementation. By involving employees in policy creation and risk assessment, you create a greater awareness of the problem and its solutions, and make violence and harassment problems less likely.
But the key to stemming the tide of workplace violence and harassment, and implementing the policies required under Bill 168 is training. Providing the training and resources necessary to be sure that all workers are aware of the new policies is critical. Critical components of the training should include more than just the policies and procedures workers need to follow in the event of a violent experience or potentially violent encounter, but also training in conflict resolution and de-escalation. After all, if they have the tools necessary to de-escalate a potentially explosive situation, it may never turn into a workplace violence situation.






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