Learn about employer duties, under the Occupational Health and Safety Act , to protect workers from workplace violence and harassment.
Everyone should be able to work in a safe and healthy workplace. The Occupational Health and Safety Act ( OHSA ) sets out roles and responsibilities for workplace parties with respect to workplace violence and workplace harassment, including developing and implementing policies and programs.
Workplace violence means:
Workplace harassment means:
Workplace sexual harassment means:
Workplace violence may include hitting a worker, throwing objects at a worker, sexual violence, or threats, whether conveyed verbally, in writing, or through behaviour. A customer, client, patient, student, co-worker, supervisor, or a stranger could be violent or threaten to be violent in the workplace.
Employers must proactively assess the risks of workplace violence that may arise from the nature of the workplace, the type of work or the conditions of work. Measures and procedures to control these risks must be included in the workplace violence program. Employers must advise the Joint Health and Safety Committee or health and safety representative, if any, or workers, of the results of the assessment, and provide a written copy, if available.
Employers must prepare a policy with respect to workplace violence, and develop and maintain a program to implement the policy. Employers must provide information and instruction to workers on the contents of these policies and programs.
The workplace violence program must include measures and procedures for:
Workplace violence programs must also set out how the employer will investigate and deal with incidents or complaints of workplace violence.
Employers who are aware, or ought reasonably to be aware, that domestic violence may occur in the workplace must take every precaution reasonable in the circumstances to protect a worker at risk of physical injury.
Employers and supervisors must provide information to a worker about a risk of workplace violence from a person with a history of violent behaviour if the worker can expect to encounter that person in the course of work, and if the worker may be at risk of physical injury. Personal information may be disclosed, but only what is reasonably necessary to protect the worker from physical injury.
Workers have the right to refuse work if they have a reason to believe they are in danger from workplace violence. For certain workers who protect public safety, this right is limited.
The OHSA sets out general duties for an employer under Section 25, for a supervisor under Section 27, and for a worker under Section 28. These general duties also apply, as appropriate, to workplace violence.
Workplace harassment may include bullying, intimidating or offensive jokes or innuendos, displaying or circulating offensive pictures or materials, or offensive or intimidating phone calls, emails, or other communications. It also includes workplace sexual harassment. A worker could be harassed at work by a customer, client, patient, student, co-worker, supervisor, or a stranger.
Employers must prepare a policy with respect to workplace harassment, and develop and maintain a program to implement the policy. The program must be developed and maintained in consultation with the Joint Health and Safety Committee or a health and safety representative, if any. Employers must provide information and instruction to workers on the contents of the policy and program.
The workplace harassment program must include:
To protect a worker from workplace harassment, an employer must ensure that:
Employers, supervisors and unions also have responsibilities to prevent and address harassment prohibited under the Ontario's Human Rights Code.
The OHSA does not require an employer to assess the risk of workplace harassment and does not allow workers to refuse work only on the basis of workplace harassment.
An inspector may order an employer to cause an investigation appropriate in the circumstances to be conducted by an impartial person possessing the knowledge, experience or qualifications specified by the inspector. The employer would be responsible for the costs of this investigation.
Always contact police first in emergency situations, if threats or actual violence occur at a workplace.
The Ministry encourages internal workplace resolution of complaints. Where possible, incidents and complaints of workplace violence or workplace harassment should first be brought to the attention of the supervisor or employer and/or the person identified in the workplace harassment program. A worker may also seek to resolve a workplace harassment incident or complaint outside of the employer's internal investigation process.
If an employer is not complying with the workplace violence and workplace harassment requirements in the OHSA , workers may call the ministry's province-wide Health & Safety Contact Centre toll-free at 1-877-202-0008 to file a complaint. Ministry of Labour, Training and Skills Development health and safety inspectors may check to ensure employers, supervisors and workers are complying with workplace violence and workplace harassment requirements. They may do this as part of a general inspection of a workplace or when investigating a specific incident or complaint. Inspectors may issue written orders to comply with the Act when contraventions are found.
Ministry inspectors do not resolve or mediate specific allegations of harassment in the workplace. Inspectors do not investigate allegations to determine if the behaviour of any of the individuals involved constitutes workplace harassment as defined by the Act. Inspectors do not have the authority to order individual remedies such as monetary compensation to individuals who experience harassment in the workplace.
It is an employer’s duty to notify the Ministry of Labour, Training and Skills Development when a person is critically injured or killed in a workplace, which includes situations when the cause is workplace violence.
This resource does not replace the Occupational Health and Safety Act ( OHSA ) and its regulations and should not be used as or considered legal advice. Health and safety inspectors apply and enforce these laws based on the facts they find in the workplace.