Hello Team!

Last month's Strategic Interest Group meeting for the Durham Region was on Bill 168: Violence in the Workplace.  Nadine Zacks is an Associate lawyer at Hicks Morley's Toronto office, she was there to talk to Bill 168: Violence in the Workplace. Nadine's area of expertise are Labour Relations, Employment Law, Litigation, Pension and Benefits, Human Rights, Occupational Health, Information and Privacy, Workplace Safety and Insurance, Education - School Boards, Colleges, Universities, Healthcare, Municipal, Police, Social Services, Construction, Financial Services, Manufacturing, Elder Care, Retail Operations, Media, Technology, Hospitality, Transportation/Automotive and Gaming.  Nadine discussed Bill 168 and there was a question and answers session after her presentation. Please see below for highlights from the presentation.

Preventing Violence in the Workplace: Bill 168 Amendments to the Occupational Health and Safety Act

Overview;

• International attention to workplace violence
• Inquests - OC Transpo, Hotel-Dieu Hospital
• British Columbia, Alberta, Saskatchewan, and P.E.I.
• Quebec - psychological harassment
• No specific regulation in Ontario
• s. 25 (2) (h) - reasonable precautions
• Ministry of Labour Guideline - October 2006

Bill 168 - Definitions;

"workplace harassment" means 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

"workplace violence" means,

a)      the exercise of physical force by a person against a worker, in a workplace, that causes or could cause physical injury to the worker,

b)      an attempt to exercise physical force against a worker, in a workplace, that could cause physical injury to the worker,

c)       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.

Bill 168 - Risk Assessment;

• Assess the risk of workplace violence that may arise from:
  • the nature of the workplace
  • the type of work
  • the conditions of work
  • Must take into account common risks at other similar workplaces
  • Share results with JHSC or health and safety representative
  • Reassess as necessary for the protection of the workers

Bill 168 Violence Prevention Program

• An employer will be required to develop and maintain a program to implement the workplace violence policy

To review the entire presentation, please Click here