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HR-Fusion’s Bill 168 Employer Solutions

Consultant Assisted: 

HR-Fusion guides & supports you for in-house development and implementation

1. Risk Assessment
2. Policy & Procedure Development
3. Workplace Violence and Harassment full program Implementation 
   

1. Classroom training program facilitated by an HR-Fusion Trainer  - customized to your specific needs
   

Call HR-Fusion soon to ensure your workplace is compliant

Bill 168, Violence & Harassment in the Workplace, came into force June 15, 2010

Is Your Workplace Compliant? 

On June 15, 2010 Bill 168 came into force.

This Bill requires all Ontario employers regulated by the Occupational Health & Safety Act (OHSA) to protect their workers against violence and harassment, including domestic violence, in the workplace.

Bill 168 sets out obligations for the Employer and Employees that are in addition to current obligations set out under the OHSA.

Employers are now obligated to:

• Implement and maintain workplace violence and harassment policies, procedures and programs

• Including definitions of workplace violence & harassment
• Procedures must clearly define a course of action to accurately deal with violent workplace situations and identify the employers commitment to investigate all reported incidents
• Policies and procedures must be posted in the workplace with more than 5 workers
• The entire program must be revaluated at least annually
• Identify a Workplace Coordinator – responsible for the development and implementation of Workplace Violence and Harassment policies, procedures and programs
• Conduct a workplace risk of violence assessment and implement control measures to mitigate risk of potentially violent situations
• Provide specific education and training to all employees
• Employers and employees are responsible for recognizing the signs of domestic violence and taking preventative action to mitigate the risk of a domestic violent situation coming into the workplace.
• All employees must be aware of how to manage a violent situation if it were to occur in the workplace and how to seek immediate assistance
• Do regular workplace inspections and review and revise programs as required
• Provide information, including personal information, related to risk of workplace violence from a person with a history of violent behaviour where a worker may be exposed to the individual and a risk of violence may expose the worker to physical injury
• Take all reasonable steps to ensure workers are protected against workplace violence and harassment

Employees are now obligated to:

• Abide by the company’s established policies and procedures
• Report any harassment, threats or violent acts
• Disclose any violent incidences they have been involved in that may come into the workplace
• Look for signs of violent tendencies (i.e. emotional outbursts, obsession with violent movies, music, video games, etc.) and report to a manager or assigned representative
• Disclose concerns / information about any domestic violent situations

Work Refusals 

In addition to the current OHSA employee work refusal, employees now have the right to refuse work where the employee believes workplace violence is likely to endanger them. This requires:

• Employees to promptly report a refusal and the circumstances surrounding the refusal
• Following the same investigation procedure as previously set out in the OHSA (with the exception of proximity of the complaining worker to their workstation)
• Employees to remain in a safe place as close as reasonably possible to his/her workstation and available for the investigation.

Employers with 5 or fewer Employees:

Note: Workplaces of 5 or fewer employees are required to meet the same requirements of larger workplaces, however they are not required to:

• Have these particular policies in writing and;
• Post these particular policies in a conspicuous place in the workplace

An inspector can order a workplace with five or fewer employees to have these policies if there is evidence of risk of workplace violence and harassment, or after an incident occurs.

Are you compliant?

• Do you know what is required to be compliant?
• Do you know where to start?
• Are you aware of the stakes if you are in breach of the law?
• Have you assigned a Workplace Coordinator?
• Do you have separate policy & procedure for Violence and Harassment?
• Have you conducted your workplace risk of violence assessment?
• Have you started to conduct training?

 If you answered "no" to any of the above

call HR-Fusion 905.527.2860 or email us