The Ontario government is seeking input to determine if current protections against workplace violence under the Occupational Health and Safety Act (OHSA) should be enhanced or clarified. Currently, there are no explicit requirements in the OHSA or its regulations concerning workplace violence. Under the general duty found under OHSA, all employers must take every precaution reasonable in the circumstances to protect the health and safety of their workers in the workplace. This includes protecting them against the risk of workplace violence.
Employers have a responsibility to create a healthy, respectful environment for their employees. Regardless of a specific legal obligation, employers are required to protect their employees against any risk at work, whether it is physical or mental injury, and this includes workplace bullying. The Ministry's occupational health and safety inspectors are trained to handle complaints of workplace violence. They proactively check for procedures to address workplace violence where the risk of violence is higher due to the nature of the work.
A consultation paper has been released outlining the issues around workplace violence. Comments are being requested from labour and employer stakeholders, as well as from the general public by October 17, 2008.
Read the Consultation Paper on Workplace Violence Prevention. The consultation paper outlines how to submit your comments by fax, mail or email.
This paper deals with issues that have been brought to the Ontario Ministry of Labour's attention by individuals and groups interested in the prevention of workplace violence, through health and safety inspections and investigations, and through recommendations arising from Coroner's Inquests.
The paper has a number of questions to help focus your comments and suggestions, and to help the Ministry review your answers. They relate to:
a) definition of workplace violence
b) workplace violence prevention requirements
c) sector-specific requirements
d) domestic violence in the workplace
e) work refusals
By Yosie Saint-Cyr, LL.B., Managing Editor at HRinfodesk.com
Published on HRinfodesk---Canadian Payroll and Employment Law News and Developments
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