For the first time, Ontario will add legal definitions of “workplace violence” and “workplace harassment” to the OHSA. The OHSA will also provide heightened health and safety protections for workers against physical violence, threatening behaviour, verbal or written threats of violence, harassment, and psychological abuse at work.

These amendments will be of particular interest to employers whose workers are at an increased risk of workplace violence, including workers who:

·       exchange money
·       deliver passengers, goods or services (e.g. bus drivers)
·       have a mobile workspace such as a vehicle (e.g. taxi drivers)
·       work alone or in small numbers (e.g. home care workers), and
·       guard valuable property or possessions (e.g. security guards).

With a number of new obligations and June 15, 2010 fast approaching, it is critical to take steps now to ensure compliance with these new rules. Here is an overview of the key provisions of the legislation.

Workplace harassment and workplace violence defined
“Workplace harassment” is defined in Bill 168 broadly as “engaging in a course of vexatious comment or conduct against a worker in a workplace that is known or ought reasonably to be known to be unwelcome.” 

Although this definition is similar to the definition in s. 10 of Ontario’s Human Rights Code, it differs from the Code definition in that it includes conduct unrelated to prohibited Code grounds of discrimination such as sex and race. The OHSA’s definition of workplace harassment could capture bullying and psychological abuse.

 Workplace violence is also defined broadly as follows:

(a) the exercise of physical force by a person against a worker that causes or could cause physical injury to the worker;

(b) an attempt to exercise physical force against a worker that could cause physical injury to the worker; or

(c) a statement or behaviour that is reasonable for a worker to interpret as a threat to exercise physical force against the worker that could cause physical injury to that worker. 

The definition in (a) covers physical attacks such as hitting, shoving, pushing or kicking. The definitions in (b) and (c) are related and, combined, can cover verbal and written threats to inflict physical harm, as well as throwing objects and shaking fists.