Bill 168 - New Legislation on Workplace Safety - Will Your Business Comply?

If your business has employees you need to be aware of Bill 168, which comes into effect on June 15, 2010. It sets out a number of amendments to the Occupational Health and Safety Act (Ontario). These amendments require employers to develop and maintain policies that address workplace harassment, violence and threats of violence in the workplace. And the policies must be reviewed at least annually.

Workplace Harassment is defined 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." Workplace harassment may include bullying, intimidating or offensive jokes or innuendos, displaying or circulating offensive pictures or materials, or offensive or intimidating phone calls.

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; or
(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.

In workplaces of more than five employees, the policies are to be written and posted in a conspicuous place in the workplace. There have to be mechanisms for reporting violence, investigating complaints and controlling risks.

In anticipation of this new legislation, employers should be reviewing their current policies, assessing risks, security protocols and procedures and implementing training for staff.

For more information, check out the Ministry of Labour Website at http://www.labour.gov.on.ca/english/hs/sawo/pubs/fs_workplaceviolence.php