The reality of today’s workplace includes an increased risk of violence and harassment against workers from customers, co-workers, supervisors and the general public. In order to address this problem, the Ontario government has passed Bill 168, the Occupational Health and Safety Amendment Act (Violence and Harassment in the Workplace), 2009, which gives new rights to employees and places new duties on employers. In this full-day session, with the guidance of experts in the field, participants will examine, through discussions and scenarios, the key roles and responsibilities of employers, employees and unions in successfully addressing violence and harassment in the workplace. Topics to be discussed include:
New Legislation: What is the scope, and what are the limits, of Ontario’s Bill 168, amending the Occupational Health and Safety Act? What does the new legislation say about:
The definition of workplace harassment
The obligation to conduct a risk assessment
The development of a workplace policy
The responsibilities and liabilities of the parties
Available remedies for violence and harassment
Penalties for violations
Risk Assessment: How should a workplace violence risk assessment be conducted? How often should one occur? Who should be involved in this process? What are the employer’s responsibilities following this assessment? Who must the employer inform of the results?
Policy and Program: What are the key components of an effective workplace violence and harassment program? What procedures should be established to provide assistance when workplace violence occurs? Should workplace committees be formed to deal with harassment and violence issues that arise in the workplace?
Investigation: How should an employer investigate and deal with complaints? What steps should be taken to preserve confidentiality? Is the complainant entitled to representation by the union or by counsel? Is the employer required to give access to witness’ statements and the investigator’s report?
Domestic Violence: What is the employer obliged to do to protect an employee from domestic violence that could occur in the workplace? Is the employee responsible for reporting a risk of domestic violence that could occur at work?
Duty to Inform: Who must the employer inform where there is a risk of violence to a worker? What duties does the employer have after a violent incident has taken place? Must personal information be disclosed? What impact does privacy legislation have on the employer’s disclosure obligations?
New Obligations: What new duties do employees and employers have, with respect to violence and harassment, under Ontario’s health and safety legislation? What steps should an employee take when he or she becomes aware of a potentially violent situation in the workplace? What liabilities do employees face for failure to comply with their obligations under the Act? What liabilities do employers and supervisors face for failure to comply with the provisions of the Act?
Work Refusal: How should work refusals because of threats of violence or harassment be handled, in order to comply with health and safety legislation? What directions must the employer give to the worker if safe alternative work is not practicable? What remedies are available if a complainant believes that insufficient investigation was done with respect to workplace violence or harassment complaints? What is the role of the joint health and safety committee in work refusals?
New Remedies: What enforcement procedures are contained in the Act respecting violence and harassment? Do the amendments create any new remedies? What must employers prove to successfully invoke the due diligence defence? Do arbitrators have jurisdiction to award remedies for failure to comply with the new violence and harassment provisions in occupational health and safety legislation?
Click here for registration information, or call
Lancaster House at (416) 977-6618
