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Bill 168 Amendments to the Occupational Health and Safety Act

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Published May 20, 2010

Hello Team!

I would personally like to thank Heidi Schwarzkopf at PHCP Hair Care Products for hosting last month's Strategic Interest Group meeting on Bill 168: Violence in the Workplace. We had well over 20 people at this event... Kathryn Meehan with Hicks & Morley's Waterloo office was there to talk to the Bill 168: Violence in the Workplace. Kathryn represents clients before the courts and administrative tribunals, including the Human Rights Tribunal and the Ontario Labour Relations Board. She currently practices in all areas of labour and employment law, advising a wide variety of public and private sector clients. Kathryn discussed Bill 168 and was in 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

 

About the author

Kevin McCormick

Kevin McCormick

Kevin McCormick joined EMC August of 2008. Kevin comes from the automotive sector where he has worked as a Continuous Improvement Manager/Production Manager. Kevin was trained as a Lean Six sigma…

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Post Date:
May 20, 2010
Posted By:
Kevin McCormick
 

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