2.) What key items should be in the policies?

The particular content, style and format of workplace violence and harassment policies are, to a large extent, left in the hands of the employer. The employer may choose to have a brief one-page policy which states that the organization is committed to preventing violence or harassment, as the case may be, that it will not tolerate such conduct and that all employees are expected to comply with the policy. The employer may, alternatively, take the opportunity to set out its statement of commitment as well as key aspects of the program, setting out and posting procedural mechanisms and other matters in a longer document.

The Ontario Ministry of Labour (MOL) recently released guidelines on workplace violence and harassment. As such, the MOL has now provided some indication of what they should find acceptable when conducting inspections for compliance. However, each employer will likely have its own desired policy style. The MOL style need not be used verbatim. Employers must work with the policies it drafts on a day-to-day basis, and may use them as a basis for discipline in the workplace, where workplace violence and harassment are perpetrated by workers, supervisors or even management in the workplace. To that end, careful thought should be given to their content.

When preparing a workplace violence policy, the employer should consider:

• The definition of workplace violence:  Will it mirror the Bill 168 definition or will there be other elements? Is this a national organization or one with operations only in Ontario?
• The scope and application of the policy:  Does it apply to all employees?  Will it apply to contractors, visitors and guests to the workplace?  Will it apply to social functions or other company sponsored/sanctioned events?
• Domestic violence:  What will the policy say, if anything, about domestic violence that may manifest itself in the workplace, i.e. will it encourage reporting where a worker is experiencing domestic violence, or believes such violence may occur outside or in the workplace ?
• The obligations of those in the workplace:  Will the policy detail the duties of the organization, its managers, supervisors and workers? Will it set out procedural mechanisms for reporting so that these are available and posted?
• Reprisal or retaliation:  Many organizations will want to have a statement that retaliation or reprisal against any person complaining about or participating in the investigation of an incident of workplace violence is prohibited. If so, and considering that discipline is a likely consequence for a breach, the organization should consider providing a definition of reprisal or retaliation.    

When preparing the workplace harassment policy, the employer should have regard to the applicable items listed above — definitions, scope, obligations of workplace parties and reprisal provisions. However, as previously indicated, many employers may have an existing discrimination and harassment policy that could be amended to comply with Bill 168.  

Regardless of whether an existing policy is amended or a new harassment policy is created, given the very broad definition of harassment contained in Bill 168, employers will want to consider including a clear definition of harassment. 

Certain limitations may be placed on the type of behaviour and conduct that will be considered harassment, and trigger investigation and employer response. This may include specifically identifying that isolated act of rudeness or that reasonable exercise of management functions, including performance reviews, job assignments and discipline, do not amount to harassment. This will help ensure that the policy and program are used meaningfully and effectively. For any employer concerned that this may be regarded as heavy-handed, or overly technical, note that the MOL guideline embraces this as appropriate practice.

The amount of detail contained in a policy is, really, a matter of organizational preference. Candidly, many of the items listed above are not legally required to be included in the policy. However, if they are not in the policy, they would be desirable elements for the corresponding program. In deciding upon the level of detail to be contained in a policy, the employer should consider that a more detailed policy may assist in the development of the program, as it will act much like a checklist of items to be addressed, and may also serve to enhance worker understanding, as the policy will be posted and more readily available for review and use by workers.

This is an important question. Employers must remember that the drafting of workplace violence and harassment policies (and posting as necessary) is just the first step towards compliance with Bill 168. Policies alone are insufficient for compliance. They must be accompanied by corresponding programs (the specific workplace procedures and practices that implement the policy) and worker training. Therefore, on June 15, 2010, employers will be expected to have created the policies and programs and trained their employees on both.

(Next on Part 2 of Bill 168 FAQ Series: FAQs on conducting workplace violence risk assessments)

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Cheryl A. Edwards is a former Ontario OHS prosecutor and is now a partner in Heenan Blaikie LLP’s Labour and Employment Group. She is Lead in the firm’s national OHS & Workers’ Compensation Practice Group. Cheryl can be contacted by e-mail at This e-mail address is being protected from spambots. You need JavaScript enabled to view it or by telephone at (416) 360-2897.

Jeremy Warning is a senior Associate in Heenan Blaikie LLP’s Labour and Employment Group and a member of the firm’s national Occupational Health & Safety & Workers’ Compensation Practice Group. Jeremy may be contacted by e-mail at This e-mail address is being protected from spambots. You need JavaScript enabled to view it or by telephone at (416) 643-6946.