One Year since Bill 168 Passed in Ontario
It has been just over a year since Bill 168 – Violence and Harassment Legislation was passed in Ontario. The Ministry of Labour is still active in the province of Ontario enforcing this piece of legislation.
Organizations responsibilities do not end with development of the policies and procedures as many thought. A risk assessment should have been completed, changes made to the workplace based on the identified risks and workers trained. Once the changes are made as identified in the risk assessment, Employers must then complete a second risk assessment identifying that the risks prior have been addressed – reducing the risks for workers.
The HR Reporter indicated "In the year after Ontario passed amendments to the Occupational Health and Safety Act to address workplace violence and harassment, the province has issued about 1,100 orders related to the new legislation, according to the Ministry of Labour.
The legislation requires employers to assess workplace violence risks and develop workplace violence and harassment policies and programs.
From June 15, 2010 to March 31, 2011, ministry of labour inspectors investigated more than 400 complaints involving workplace violence and issued about 600 orders associated with the new legislation. They also investigated more than 1,000 complaints involving workplace harassment.
Altogether, they issued about 1,100 orders associated with the new law."
Most provinces have violence and harassment legislation in place except Nunavut which has nothing in place at this time and New Brunswick in which the act speaks in general terms. Both Manitoba and New Brunswick do not outline the need for a Risk Assessment but identify the need to address the issue in general terms – Manitoba outlining that policies and procedures must be in place.
Most provinces are vague about when to conduct another risk assessment outlining that if a change or event precipitates an earlier assessment that a new one must be completed. Nova Scotia takes it a step further in identifying that one must be completed at least every 5 years unless a change or event precipitates an earlier risk assessment.
All in all, across Canada the provinces individual legislation has taken a proactive approach to addressing the issues of workplace violence and harassment. Employers need to understand their provincial legislative requirements and ensure they meet or exceed the requirements in providing a safe workplace for their workers.
WORK SAFE & KNOW YOUR LEGISLATIVE REQUIREMENTS!

