Training
The amendments to the OHSA require employers to provide a worker with information and instruction on the contents of its workplace violence and harassment policies and programs. 

Notably, an employer’s duty includes a duty to provide information, including personal information, related to a risk of workplace violence from a person with a history of violent behaviour if:

·       the worker can be expected to encounter that person in the course of his or her work; and
·       the risk of workplace violence is likely to expose the worker to physical injury.

This duty may arise in the context of providing hospital and community workers with personal information of patients with a history of violent behaviour. This duty may also arise if an employer is aware that another worker has a history of violent behaviour that could potentially endanger the health or safety of other workers. 

An employer’s disclosure of personal information in these circumstances must be limited to that which is reasonably necessary to protect a worker from physical injury. 

Domestic violence
An employer must also “take every precaution reasonable in the circumstances” to protect a worker if an employer becomes aware or ought to be aware that domestic violence that would likely expose a worker to physical injury may occur in the workplace. 

The extent of this rather expansive obligation remains to be seen. In the meantime, employers should, at the very least, be supportive of employees who have disclosed to them their situations of domestic violence. Employers should also develop policies and programs to address this unique form of violence in the workplace. 

Action steps
If you are an Ontario employer not exempted from the application of the OHSA, you must comply with the requirements of Bill 168 by June 15, 2010 or face potential fines and/or other penalties under the OHSA. With less than five months left to comply, here are some steps you should consider taking:

·       Review existing policies. Review your existing workplace policies and amend or replace them to address workplace violence and workplace harassment as occupational health and safety issues. It may be necessary to create one policy addressing violence and another addressing harassment. You should then post the new policies and review them on an annual basis at the very least.

·       Develop programs. You should develop, maintain and implement workplace violence and harassment programs, consistent with your posted policies. These programs should include the “bare minimum” measures and procedures imposed by the new legislation as described above.

·       Assess risks. Perform risk assessments for workplace violence on a regular basis and provide written copies of such assessments, together with the results, to a joint health and safety committee or a health and safety representative. 

·       Provide training and information. You should provide training and information to workers on the prevention of workplace violence and harassment.

In addition, as described in the Section 43 discussion above, it is important to understand your investigatory obligations when a worker refuses work on account of workplace violence, as there are a number of steps that must be followed to comply with the legislation.  

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Farah Malik is an associate with WeirFoulds LLP in Toronto.