Bill 168 – What Are Employers’ Responsibilities?

Ontario’s Bill 168 lays out the responsibilities that employers have in preventing and responding to workplace violence and harassment.

Employers have a duty to assess the risks of workplace violence, and to consider all potential sources of violence in the workplace (“from strangers, clients, customers, patients, students, workers, supervisors, intimate partners, or family members”).  And they must have measures and procedures in place to control these risks. Employers must also take reasonable precaution to protect workers at risk of domestic violence, if they are aware (or ought reasonably to be aware) of such risks.  It is worth noting that an employer’s obligation is not cancelled if the targeted worker does not want any steps taken to protect her.  While employers must respect their workers’ privacy, they must nonetheless take precautions on behalf of workers who are at risk of violent attack.

Finally, employers must warn workers if, in the course of their work, they will be in contact with a person with a history of violence, and if they are at risk of physical injury.  Once again, privacy concerns may be relevant here, but the right to privacy does not trump the duty to inform workers if they are at risk.

Every employer must have a policy on violence and a policy on harassment (or a single policy on both).  If an employer has 6 or more regular employees, then the policy must be written down, reviewed annually, and posted in the workplace.  Employers must also have a program to implement the policy, and they must make sure that employees are informed about both the policy and the program.

At a minimum, the policy should:

•    State that violence is an occupational health and safety hazard
•    Define workplace violence and harassment, and state that they are unacceptable
•    Make a commitment to protecting workers from violence and harassment
•    Encourage workers to report all incidents of violence and harassment
•    Make a commitment to investigate and deal with complaints promptly
•    Outline consequences of behaviour covered by the policy

To sum up, employers have a duty to recognize inappropriate behaviour and deal with it promptly, and they must communicate to their employees how they plan to fulfill this duty.

I am not a lawyer and none of this is intended as legal advice!  The Ontario Ministry of Labour has some excellent resources for Bill 168 on their website, including examples of policies and programs, and tools for drafting your own policies.  (It might also be helpful to look at one of my earlier posts, How to Write a Code of Conduct.)

Next time:  How to deal with complaints under your policy.