OH&S Change is Coming June 15, 2010; Is Your Workplace Ready?
January 22nd, 2010
As many of you know, Bill 168 constitutes a major change in the Occupational Health and Safety Act, which will require your workplace to change its policies and procedures in order to mitigate instances of workplace violence and harassment.
Well, Bill 168 received Royal Assent on December 15, 2009, which means it will come into force on June 15, 2010. Are you ready?
Consider your answer to this question carefully, because you have less than five months to prepare. Five months may seem like a long time, but many of the new changes required could be quite time consuming. If you leave everything until the last minute, you may find yourself in non-compliance with the new law and face serious penalties, including potentially stiff fines. In other words, if you tend to procrastinate, this time it could cost you, because there are several things you must do to prepare.
First off, you must conduct a risk assessment, to determine if any part of your operation is vulnerable to acts of violence. This assessment will serve as a basis for creating and updating policies to control such risks. While the new law doesn’t contain strict guidelines with regard to how such assessments are to be conducted, it does require employers to do a complete evaluation to ensure that all vulnerabilities to violence are identified and addressed.
Once you’ve done the risk assessment, you’ll then have to implement the changes necessary to reduce susceptibility to workplace violence. For example, if customers or clients might cause a potential threat to workers, measures should be taken to reduce that risk by creating a system for instant communication with management and/or security personnel or police. Employees have to be able to call someone when they see behavior they believe might pose a danger to themselves or other workers.
You will also have to use the risk assessment to develop workplace violence and harassment policies and have them in place on June 15. Those policies must include a procedure for reporting and investigating workplace harassment complaints. They must also be reviewed as often as necessary, but at least annually. Failure to develop, maintain and follow such policies can lead to substantial penalties, including fines, from the Ministry of Labor.
And it’s not enough to simply develop these policies, put them into a book somewhere and pull them out whenever an inspector asks to see them. You also have to maintain and demonstrate that you’re following them. You have to make sure all employees are thoroughly trained to deal with workplace violence and harassment and are keenly aware of the company’s new policies, not just because it’s the right thing to do, but also because inspectors will be making sure you’re doing more than simply jumping through a hoop or two. All employees have to know what they can and must do to minimize risks in the workplace, and they have to know exactly how their employer will investigate and handle such incidents. And most of all, they have to know what their obligations are with regard to these new policies and the consequences for non-compliance.
As you can see, there is a lot to do to prepare for the new changes in the Occupational Health and Safety Act. If you think you can do all of this over a couple of weeks in June, good luck. But it might be good to start preparing now.
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