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Bill 168: Countdown to Compliance

New violence and harassment legislation takes effect this June

Ontario workplaces face a fast-approaching deadline to comply with new violence and harassment requirements under Bill 168, which takes effect June 15, 2010.

Among the requirements, employers must

• assess the risk of violence;
• prepare workplace policies for both violence and harassment;
• develop and implement a program to protect workers from the risks identified;
• include control measures / procedures, and a response process in the program that addresses

          - employee reporting;

          - incident and complaint investigation

          - emergency response for violence incidents

• inform and instruct employees on the program and procedures;
• create a process for responding to complaints and threats

The legislation would also

• expand workers' rights to refuse unsafe work, to include situations of violence;
• require employers who are aware or ought to be aware that domestic violence may erupt at work, to take every reasonable precaution to protect the worker

The Ministry of Labour plans to release a compliance guideline by mid-March that will help workplaces understand what is required to be in compliance. You can find this guideline on the OSSA web site as soon as it becomes available.

Why now?

What prompted the the Ontario government to address workplace violence and harassment in the Act, which for 30 years had been silent on the topic - and why now?

For one thing, Ontario lags other provinces in requiring employers to protect people who are abused, bullied and harassed on the job. And for another, statistics indicate that workplace violence is on the rise, not helped by the economic downturn, which can accentuate uncertainty, fear and misunderstanding. From April 1, 2008 to March 31, 2009, the Ontario Ministry of Labour inspectors made 417 field visits and issued 351 orders related to violence in the workplace.

Clearly workplace violence is more prevalent than many employers think, making lack of awareness the biggest threat to employee safety. But perhaps the most compelling answer to the question, "why now?"is, what better time to put a safety net in place that will

• protect workers;
• boost employee engagement;
• improve customer service;
• reduce costs (bullied individuals waste 10% to 52% of their time at work);
• preserve your reputation

Take four steps to address workplace violence hazards

If you already have a violence and harassment program, your job is easier; you need to assess your program elements against the specific definitions and requirements. Performing a risk assessment would be a good start.

If you don't have anything in place, the Ontario Service Safety Alliance (OSSA) is your WSIB-approved provider of health and safety solutions, and your trusted advisor in developing a workplace violence prevention program for your organization that aligns with Bill 168. Call OSSA at 1-888-478-6772 or email info@ossa.com. Also, OSSA is currently developing a risk assessment tool, policy templates and other material that will help you prepare your program.

In the meantime, take these four steps now to be in compliance by June 15, 2010:

1. Be informed - understand what is required
2. Review the ways you are and are not compliant, and involve your workers or Joint Health & Safety Committee (JHSC) if you have one
3. Conduct a risk assessment and develop or adapt the policies, procedures and measures you need to have in place to protect your staff
4. Inform and train your staff on your commitment to protect them from violence and harassment, and about the program and procedures you are putting in place

How OSSA can help

1. What you need to know:

• Bill 168, Occupational Health and Safety Act (Violence and Harassment in the Workplace) 2009
• A chart that compares what was originally in the Act, and what has changed
• A resource article that contains helpful information such as definitions, who's at risk, types of workplace violence and harassment, etc.

      2.  A checklist you can use immediately to help you identify the risk areas in your workplace and what program elements you have vs. need

      3.  Education and training opportunities offered in partnership with Industrial Accident Prevention (IAPA), where you can learn more:

• Attend Implications of Bill 168 - Ontario's New Workplace Violence & Harassment Legislation: two-hour management briefings presented by local lawyers well versed in OHS legislation.
• Attend Preventing Violence & Harassment at Work - How to Integrate Bill 168 Requirements into your OHS Program: half-day interactive workshop
• Attend Bill 168 sessions at Partners in Prevention Ontario: Health & Safety Conference & Trade Show, May 4-5, 2010, Mississauga, ON.

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