Friday, November 25, 2011

Bill 168 and Workplace Violence

Brian Bell
by Brian Bell - Employment Attorney - Pace Law Firm: It has been a year since Bill 168 received Royal Ascent and was amended with the Occupational Health & Safety Act for Ontario (OHSA).

According to the Ministry of Labour, the changes to Bill 168 "strengthen protections for workers from workplace violence and address workplace harassment. They define workplace violence and harassment and describe employer duties, and...apply to all workplaces covered by the OHSA."

So what effect has this had since last year?  From my perspective,  I have seen two major reactions.

First, employees have become aware of their ability to file a complaint under the Act for such issues as bullying and verbal/physical intimidation.  Most of the complaints I've heard in the past year have been valid, while others have seemed a little shady; I have had inquiries claiming a bullying boss within the workplace that have appeared true, while I have had some that reflect the employer is simply requesting the employee to do their job satisfactorily and there is some resistance on the part of the employee.

On the other hand, I had one employer who in the name of the Act and ensuring compliance, took steps that in effect bullied the employees to such a degree that at least half the work force has resigned over the last year.

Employers may misinterpret the Act either on purpose or because they just don't understand it.  One employer, in response to an Order from the Ministry of Labour about a “domestic” issue overflowing into the workplace, felt that having a meeting with staff and championing the slogan “we want a safe workplace” was sufficient in meeting the requirements of the Act. I am sorry to say that having one meeting and coming up with a catchy phrase doesn't cut it. An educational program must be developed by employers in order to educate their staff, and employers must follow certain procedures to ensure compliance with the Act.

To learn more about what's involved in the Act, you can go to this link, or drop me an email here with any questions.