New bill deals with workplace violence, harassment

By Mark Wales, Oxford Review

Ontario farming consists of thousands of small-and medium-sized enterprises that employ many more thousands of people on our farms.

As employers in Ontario, regardless of size, farmers need to know they are now required to have policies on workplace violence and harassment. Those with five or more employees must have copies of the policy posted in a conspicuous place within the worksite.

Bill 168 Ontario Health and Safety Act amendments have just come into force putting the new policy into action. Employers may have a number of issues to consider when setting out a workplace violence policy.

Some of the considerations could include:

- does it apply to all employees;

- should it apply to contractors;

- should it apply to visitors and guests;

- will it apply at social functions, and

- will it also apply outside the workplace.

The Ontario Ministry of Labour has provided guidelines respecting workplace violence and harassment. The guidelines can be found on the Ministry of Labour website.

The ministry has also provided some indication of what they would find acceptable when inspecting for compliance with the act and its amendments.

The obligations of all parties in the workplace — employer, managers, supervisors and workers — should be detailed on the posted policy. Reprisals against anyone initiating a complaint under the act must be considered unacceptable. The posted policy should outline definitions of reprisal or retaliation.

A workplace violence risk assessment may precede or follow the statement of policy on workplace violence prevention — something the employer is responsible for doing. Neither the bill nor the Ministry of Labour guidelines provide specific direction on who is responsible for assessing associated risks for these matters.

This leaves it open to internal staff or an external party to perform the assessment -a management decision of the farmer as the employer.

A number of matters have to be considered under the act — the nature of the workplace, the type of work and the conditions of work. The nature of the workplace would consider everything from lighting to equipment and placement of objects within the workplace. The type of work would look at everything from handling cash to protecting valuables to contact with the public. The conditions of work are also viewed as a factor of risk — those working late at night or early in the morning are considered at greater risk.

Employers, as part of the assessments, may consider surveying the workforce regarding past incidents of workplace violence. Because Bill 168 or the associated guidelines don’t provide a requirement to conduct a survey of workers, it is a decision of the owner of the business.

The guidelines recommend that employers review the risk assessment at least annually as a means of identifying and correcting deficiencies.

The training obligation imposed by Bill 168 may present a difficult compliance hurdle for employers, both in terms of the logistics of training the entire workforce and in determining what information and instruction must be provided. Because workers must be trained on the program — specific to their workplace — generic training on Bill 168 will not meet the legislated training obligation.

It would be wise for employers to seek guidance from the Ontario Farm Safety Association, 1-800-361-8855, in Guelph, and perhaps even legal counsel when facing a situation involving workplace violence or harassment.