Ontario Bill 168 now known as Section 32 of the Ontario Occupational Health and Safety Act (Ontario OHSA) (Violence and Harassment in the Workplace)
Having problems meeting the obligations of Ontario Bill 168? CPI can help!
Bill 168 now known as Section 32 of the Ontario Occupational Health and Safety Act (Ontario OHSA) became law on June 15, 2010, and it represents a significant change in how, and to what extent, both workplace violence and workplace harassment are regulated in Ontario. It also broadens the definitions of workplace violence and places new requirements on Ontario employers.
What are the requirements for Ontario Employers?
The law breaks down into a series of steps that every employer must take. These include:
Develop written policies that are posted with respect to workplace violence and workplace harassment.
Conduct a risk assessment for workplace violence.
Develop a workplace violence and harassment program.
Incidents or threats of workplace violence must be reported to the employer or supervisor.
Establish practice of how the employer investigates and manages incidents, complaints, or threats of workplace violence.
Reassess policies and programs.
Train employees in these policies and procedures.
Employee refusal to work where he/she has reason to believe that he/she is in danger of being a victim of workplace violence.
What is workplace violence?
Under Ontario Bill 168 now known as Section 32 of the Ontario Occupational Health and Safety Act (Ontario OHSA), workplace violence is defined as:
The exercise of physical force by a person against a worker in a workplace that causes or could cause physical injury to the worker;
An attempt to exercise physical force against a worker, in a workplace, that could cause physical injury to the worker; or
A statement or behaviour that it is reasonable for a worker to interpret as a threat to exercise physical force against the worker, in a workplace, that could cause physical injury to the worker.
Extended Definition of Workplace Harassment
Ontario Bill 168 now known as Section 32 of the Ontario Occupational Health and Safety Act (Ontario OHSA) broadens and extends the definition of workplace harassment beyond what is presently covered under the Ontario Human Rights Code. The Human Rights Code has long prohibited harassment in the workplace based on race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, age, record of offences, marital status, family status, or disability.
Traditionally, harassment that was based on other, non-protected grounds was not actionable, unless the employer had extended additional protection by way of policy or it had agreed, as part of the collective bargaining process with a union, to incorporate broader protection in a collective agreement. Bill 168 changes this because it requires employers to treat harassment based on non-protected grounds in the same manner as harassment based on Code-protected grounds.
Bill 168 now known as Section 32 of the Ontario Occupational Health and Safety Act (Ontario OHSA) defines workplace harassment 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 and not already protected under the Human Rights Code.
How can CPI Help?
CPI's Prepare Training® program is highly effective, adaptable training that can help your organization meet the requirements of Ontario Bill 168 now known as Section 32 of the Ontario Occupational Health and Safety Act (Ontario OHSA). The program utilizes CPI's proven methods for managing disruptive behaviour before it escalates to a potentially dangerous incident.
With a core philosophy of Respect, Service, and Safety at Work® the program offers proactive solutions such that organizations can count on confident, well-trained employees who respond safely and consistently to a variety of challenging situations.
The Prepare Training® program's flexible curriculum includes a Foundation Course and a broad library of Topic Modules to help meet the needs of different employee groups. Topic Modules include Workplace Bullying and Responding to Violence.
CPI believes that violence prevention and harassment training should be an ongoing process—not a one-time event. Through the Prepare Training® Instructor Certification Program, organizations gain the resources to train employees in house on an ongoing basis, supported by experts at CPI.
How can my organization be trained?
CPI offers two options:
- Attend a Prepare Training® program in or near Ontario in the coming months. See our current schedule for more information.
- Schedule to bring this training directly to your workplace with our on-site training option.
We don’t have a Workplace Violence Policy and Procedure currently in place. Can CPI help with that?
With this template you can save time and money because the policy is already written for you. You can modify any portion to fit your company’s philosophy.
What happens after the training?
CPI has a variety of free resources to help you with your review of workplace violence and Bill 168.
Find out how the Prepare Training® program aligns with Ontario Bill 168 [PDF].
On Demand Webinar
Receive a general overview of Ontario Bill 168 and learn practical, proven strategies that are vital during crisis moments.
Download our complimentary eBook, Proactive Strategies for Promoting a Safe and Respectful Workplace, that contains workplace safety tips and other vital information that you and your staff can put to use immediately.