June 15th, 2010, the date
on which Bill 168, the Occupational Health and Safety Amendment Act
(Violence and Harassment in the Workplace) 2009 comes into force is
now one month away.
If your Company has not started preparations to become
compliant, or you want to be sure that you have done what is
required, here is a 5-step checklist you can use as a guide.
Bill 168 Compliance Checklist
SUGGESTED COMPLIANCE DATE
Prepare/Finalize Workplace Violence and Workplace Harassment
The policies need to be signed and dated by the highest level
of management at the workplace
May 21, 2010
Conduct Assessment of Risks for workplace violence.
Must consider: (i) the nature of the workplace; (ii) the type
of work; (iii) the conditions of work; (iv)circumstances common to
similar workplaces and (v)circumstances specific to your
Results of Assessment must be reported to the Joint
Occupational Health and Safety Committee or Representative.
May 28, 2010
Create Violence and Harassment Programs necessary to implement
your policy and the recommendations from the assessment.
Must include: (i) reporting and investigation procedures for
complaints or incidents of workplace violence and harassment; (ii)
measures and procedures to control the risks of violence identified
in the assessment; (iii) measures and procedures for the summoning
of immediate assistance when workplace violence occurs or is
June 4, 2010
Provide Information and Instruction (training) to all staff on
the employer's policies and programs.
Ensure that all staff: (i) are aware of the policies and
programs that have been developed to address harassment and
violence; (ii) are aware of the measures and procedures for
summoning immediate assistance and for controlling identified
risks; and (iii) know how to report incidents of harassment and
violence and how the employer will investigate such reports.
June 11, 2010
Post policies in the workplace.
June 15, 2010
We are here to help you. Give us a call for consultation or
assistance in achieving compliance with Bill 168.
Unfortunately, reasonable accommodation for employees in the workplace continues to be the source of significant litigation and even today we continue to see outrageous examples of employers behaving badly.
We are now beginning to see reported cases involving charges and subsequent fines laid against employers for failing to provide information, instruction and supervision to protect a worker from workplace violence.
On October 13, 2016, the Supreme Court of Canada denied leave to appeal an Ontario Court of Appeal decision which ordered an employer to pay a former employee 37 months of salary and benefits following termination.
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