Workplace violence and harassment policy in Ontario: what to prepare, post and review
Two policies, two programs, a risk assessment and a yearly review. Below is what each one is, which ones have to be on paper, and how the number of workers at a workplace changes things, each line quoted from the official text with its section.
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What every Ontario employer prepares
- Ontario: Every employer, whatever its size, must prepare a workplace violence policy and a workplace harassment policy, and review them as often as necessary, at least once a year. (OHSA, R.S.O. 1990, c. O.1, s. 32.0.1(1))
- Ontario: The violence and harassment policies must be in writing and posted at a conspicuous place in the workplace, or in a readily accessible electronic format. This does not apply where five or fewer workers are regularly employed at the workplace, unless an inspector orders otherwise. (OHSA, R.S.O. 1990, c. O.1, s. 32.0.1(2)-(3))
- Ontario: Every employer must, in consultation with the committee or health and safety representative if there is one, develop and maintain a written program to implement the workplace harassment policy. There is no headcount exemption for this written program. (OHSA, R.S.O. 1990, c. O.1, s. 32.0.6(1))
- Ontario: Every employer must develop and maintain a program to implement the workplace violence policy, with measures to control the risks found in the assessment, ways to summon immediate help, how workers report incidents, and how the employer will investigate and deal with incidents and complaints. The Act does not say this program must be written. (OHSA, R.S.O. 1990, c. O.1, s. 32.0.2)
- Ontario: Every employer must assess the risks of workplace violence that may arise from the nature of the workplace, the type of work or the conditions of work, considering circumstances common to similar workplaces and circumstances specific to this one. The Act does not say the assessment must be in writing. (OHSA, R.S.O. 1990, c. O.1, s. 32.0.3(1)-(2))
On paper or not
The short version, with the line each answer rests on:
| Document | Where it comes from |
|---|---|
| Violence and harassment policies | The violence and harassment policies must be in writing and posted at a conspicuous place in the workplace, or in a readily accessible electronic format. This does not apply where five or fewer workers are regularly employed at the workplace, unless an inspector orders otherwise. (OHSA, R.S.O. 1990, c. O.1, s. 32.0.1(2)-(3)) |
| Harassment program | Every employer must, in consultation with the committee or health and safety representative if there is one, develop and maintain a written program to implement the workplace harassment policy. There is no headcount exemption for this written program. (OHSA, R.S.O. 1990, c. O.1, s. 32.0.6(1)) |
| Violence program | Every employer must develop and maintain a program to implement the workplace violence policy, with measures to control the risks found in the assessment, ways to summon immediate help, how workers report incidents, and how the employer will investigate and deal with incidents and complaints. The Act does not say this program must be written. (OHSA, R.S.O. 1990, c. O.1, s. 32.0.2) |
| Violence risk assessment | Every employer must assess the risks of workplace violence that may arise from the nature of the workplace, the type of work or the conditions of work, considering circumstances common to similar workplaces and circumstances specific to this one. The Act does not say the assessment must be in writing. (OHSA, R.S.O. 1990, c. O.1, s. 32.0.3(1)-(2)) |
| Occupational health and safety policy | An employer must prepare a written occupational health and safety policy, review it at least once a year, and develop and maintain a program to implement it. The Act does not say the program itself must be written. (OHSA, R.S.O. 1990, c. O.1, s. 25(2)(j)) The written policy duty does not apply at a workplace where five or fewer workers are regularly employed, so it starts at 6 workers, counted per workplace. (OHSA, R.S.O. 1990, c. O.1, s. 25(4)) |
What the words mean
- Ontario: Workplace violence means physical force by a person against a worker in a workplace that causes or could cause physical injury, an attempt to use such force, or a statement or behaviour a worker can reasonably read as a threat of it. (OHSA, R.S.O. 1990, c. O.1, s. 1(1) 'workplace violence')
- Ontario: Workplace harassment means a course of vexatious comment or conduct against a worker in a workplace, including virtually, that is known or ought reasonably to be known to be unwelcome. It includes workplace sexual harassment. (OHSA, R.S.O. 1990, c. O.1, s. 1(1) 'workplace harassment')
The written harassment program, part by part
The official wording of each part. In the bundle, every part is a section of your program, filled in with who workers report to, the backup contact and who investigates.
“(a) include measures and procedures for workers to report incidents of workplace harassment to the employer or supervisor;” (OHSA, s. 32.0.6(2)(a))
“(b) include measures and procedures for workers to report incidents of workplace harassment to a person other than the employer or supervisor, if the employer or supervisor is the alleged harasser;” (OHSA, s. 32.0.6(2)(b))
“(c) set out how incidents or complaints of workplace harassment will be investigated and dealt with;” (OHSA, s. 32.0.6(2)(c))
“(d) set out how information obtained about an incident or complaint of workplace harassment, including identifying information about any individuals involved, will not be disclosed unless the disclosure is necessary for the purposes of investigating or taking corrective action with respect to the incident or complaint, or is otherwise required by law;” (OHSA, s. 32.0.6(2)(d))
“(e) set out how a worker who has allegedly experienced workplace harassment and the alleged harasser, if he or she is a worker of the employer, will be informed of the results of the investigation and of any corrective action that has been taken or that will be taken as a result of the investigation; and” (OHSA, s. 32.0.6(2)(e))
“(f) include any prescribed elements.” (OHSA, s. 32.0.6(2)(f))
- Ontario: The employer must make sure an investigation appropriate in the circumstances is done into incidents and complaints of workplace harassment, and that the worker and the alleged harasser, if a worker of the employer, are informed in writing of the results and of any corrective action. (OHSA, R.S.O. 1990, c. O.1, s. 32.0.7(1)(a)-(b))
The violence program and the risk assessment
The violence program has its own list of parts:
“(a) include measures and procedures to control the risks identified in the assessment required under subsection 32.0.3 (1) as likely to expose a worker to physical injury;” (OHSA, s. 32.0.2(2)(a))
“(b) include measures and procedures for summoning immediate assistance when workplace violence occurs or is likely to occur;” (OHSA, s. 32.0.2(2)(b))
“(c) include measures and procedures for workers to report incidents of workplace violence to the employer or supervisor;” (OHSA, s. 32.0.2(2)(c))
“(d) set out how the employer will investigate and deal with incidents or complaints of workplace violence; and” (OHSA, s. 32.0.2(2)(d))
“(e) include any prescribed elements.” (OHSA, s. 32.0.2(2)(e))
- Ontario: The employer must advise the committee or the health and safety representative of the results of the assessment, with a copy if it is in writing. Where there is neither, the employer advises the workers and gives copies on request or tells them how to get one. (OHSA, R.S.O. 1990, c. O.1, s. 32.0.3(3))
- Ontario: If the employer knows, or ought to know, that domestic violence that would likely expose a worker to physical injury may occur in the workplace, the employer must take every precaution reasonable in the circumstances to protect the worker. (OHSA, R.S.O. 1990, c. O.1, s. 32.0.4)
The yearly review
Put a date in the calendar. The bundle has an annual review checklist for it.
- Ontario: Every employer, whatever its size, must prepare a workplace violence policy and a workplace harassment policy, and review them as often as necessary, at least once a year. (OHSA, R.S.O. 1990, c. O.1, s. 32.0.1(1))
- Ontario: The harassment program must be reviewed as often as necessary, and at least once a year. (OHSA, R.S.O. 1990, c. O.1, s. 32.0.7(1)(c))
- Ontario: The employer must reassess the risks of workplace violence as often as necessary to make sure the violence policy and program continue to protect workers. (OHSA, R.S.O. 1990, c. O.1, s. 32.0.3(4)-(5))
- Ontario: An employer must prepare a written occupational health and safety policy, review it at least once a year, and develop and maintain a program to implement it. The Act does not say the program itself must be written. (OHSA, R.S.O. 1990, c. O.1, s. 25(2)(j))
What is at stake
- Ontario: A corporation convicted of an offence faces a fine of up to $2,000,000. (OHSA, R.S.O. 1990, c. O.1, s. 66(2)(a))
- Ontario: An individual convicted of an offence faces a fine of up to $500,000, up to 12 months in prison, or both. (OHSA, R.S.O. 1990, c. O.1, s. 66(1))
Questions
Does a business with fewer than 6 workers need these policies?
Two lines answer it: one for every employer, one for writing and posting.
- Ontario: Every employer, whatever its size, must prepare a workplace violence policy and a workplace harassment policy, and review them as often as necessary, at least once a year. (OHSA, R.S.O. 1990, c. O.1, s. 32.0.1(1))
- Ontario: The violence and harassment policies must be in writing and posted at a conspicuous place in the workplace, or in a readily accessible electronic format. This does not apply where five or fewer workers are regularly employed at the workplace, unless an inspector orders otherwise. (OHSA, R.S.O. 1990, c. O.1, s. 32.0.1(2)-(3))
Does the harassment program have to be written?
- Ontario: Every employer must, in consultation with the committee or health and safety representative if there is one, develop and maintain a written program to implement the workplace harassment policy. There is no headcount exemption for this written program. (OHSA, R.S.O. 1990, c. O.1, s. 32.0.6(1))
Does the violence risk assessment have to be written?
- Ontario: Every employer must assess the risks of workplace violence that may arise from the nature of the workplace, the type of work or the conditions of work, considering circumstances common to similar workplaces and circumstances specific to this one. The Act does not say the assessment must be in writing. (OHSA, R.S.O. 1990, c. O.1, s. 32.0.3(1)-(2))
The bundle gives you a written worksheet anyway, because a written assessment is easier to share and update.
How often are the policies and the program reviewed?
- Ontario: Every employer, whatever its size, must prepare a workplace violence policy and a workplace harassment policy, and review them as often as necessary, at least once a year. (OHSA, R.S.O. 1990, c. O.1, s. 32.0.1(1))
- Ontario: The harassment program must be reviewed as often as necessary, and at least once a year. (OHSA, R.S.O. 1990, c. O.1, s. 32.0.7(1)(c))
- Ontario: The employer must reassess the risks of workplace violence as often as necessary to make sure the violence policy and program continue to protect workers. (OHSA, R.S.O. 1990, c. O.1, s. 32.0.3(4)-(5))
What do workers have to be told?
- Ontario: The employer must give each worker information and instruction on the contents of the workplace violence policy and program, and must share information about a person with a history of violent behaviour whom the worker can be expected to meet at work, limited to what is reasonably necessary. (OHSA, R.S.O. 1990, c. O.1, s. 32.0.5(2)-(4))
- Ontario: The employer must give each worker information and instruction on the contents of the workplace harassment policy and program. (OHSA, R.S.O. 1990, c. O.1, s. 32.0.8)
What does the bundle cost?
CA$139 in Canadian dollars, one time. You fill in a short form before paying and download your PDF and Word file right after.
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