This section outlines the workplace violence and workplace harassment provisions of the Act. More detailed information is available in the Ministry of Labour, Immigration, Training and Skills Development 's Understand the law on workplace violence and harassment, available from ServiceOntario Publications and on the Ministry of Labour, Immigration, Training and Skills Development internet website.

The Occupational Health and Safety Act (OHSA) sets out the duties of workplace parties in respect of workplace violence and workplace harassment. Violence or harassment in the workplace may originate from anyone the worker comes into contact with in a workplace, such as a client, a customer, a student, a patient, a co-worker, an employer, or a supervisor. Or the person may be someone with no formal connection to the workplace, such as a stranger or a domestic/intimate partner, who brings violence or harassment into the workplace.

A continuum of inappropriate behaviors can occur at the workplace. This can range from offensive remarks to violence.

It is important for employers to recognize and address these unwanted behaviors early because they could lead to workplace violence. The Criminal Code deals with matters such as violent acts, threats and behaviours, such as stalking. The police should be contacted in these situations. Harassment may also be a matter that falls under Ontario's Human Rights Code.

The following are key requirements of the Act, with respect to workplace violence and workplace harassment.

Workplace harassment

Workplace harassment is defined in the OHSA as "engaging in a course of vexatious comment or conduct against a worker in a workplace that is known or ought reasonably to be known to be unwelcome" and includes workplace sexual harassment [subsection 1(1)].

The comments or conduct typically happen more than once. They could occur over a relatively short period of time (for example, during the course of one day) or over a longer period of time (weeks, months or years). However, there may be a situation where the conduct happens only once, such as an unwelcome sexual solicitation from a manager or employer.

Workplace harassment can include unwelcome and/or repeated words or actions that are known or should be known to be offensive, embarrassing, humiliating or demeaning to a worker or group of workers. It can also include behaviour that intimidates, isolates or even discriminates against a worker or group of workers in the workplace that are unwelcome.

This definition of workplace harassment is broad enough to include harassment prohibited under Ontario's Human Rights Code, as well as what is often called "psychological harassment" or "personal harassment." The Ontario Human Rights Commission has a role in facilitating compliance with the Ontario Human Rights Code.

Workplace harassment does not include a reasonable action taken by an employer or supervisor relating to the management and direction of workers or the workplace [subsection 1(4)].

Workplace sexual harassment

The OHSA defines workplace sexual harassment as:

  • engaging in a course of vexatious comment or conduct against a worker in a workplace because of sex, sexual orientation, gender identity or gender expression, where the course of comment or conduct is known or ought reasonably to be known to be unwelcome, or
  • making a sexual solicitation or advance where the person making it is in a position to confer, grant or deny a benefit or advancement to the worker and the person knows or ought reasonably to know that the solicitation or advance is unwelcome [subsection 1(1)].

This definition of workplace sexual harassment is similar to the prohibitions on sexual harassment and sexual solicitation found in Ontario's Human Rights Code.

Workplace violence

Workplace violence is defined in the OHSA as:

  • the exercise of physical force by a person against a worker, in a workplace, that causes or could cause physical injury to the worker,
  • an attempt to exercise physical force against a worker, in a workplace, that could cause physical injury to the worker,
  • a statement or behaviour that it is reasonable for a worker to interpret as a threat to exercise physical force against the worker, in a workplace, that could cause physical injury to the worker [subsection 1(1)].

This definition of workplace violence is broad enough to include acts that would constitute offences under Canada's Criminal Code.

Policies

All employers, who are subject to the OHSA, must prepare policies with respect to workplace violence and workplace harassment and review them at least once a year [subsection 32.0.1(1)].

In a workplace where there are six or more regularly employed workers, the policies are required to be in writing and posted in the workplace where workers are likely to see them [subsections 32.0.1(2) and (3)].

Programs

Employers must set up and maintain programs to implement the workplace violence and workplace harassment policies [subsection 32.0.2(1) and subsection 32.0.6(2)]. A workplace violence program must include the following:

  • measures and procedures to control risks identified in an assessment of risks as likely to expose a worker to physical injury
  • measures and procedures for workers to report incidents of workplace violence
  • measures and procedures for summoning immediate assistance when workplace violence occurs or is likely to occur, and
  • how the employer will investigate and deal with incidents or complaints of workplace violence [subsection 32.0.2(2)].

A workplace harassment program must include the following:

  • measures and procedures for workers to report incidents of workplace harassment to the employer or supervisor, and to another person if the employer or supervisor is the alleged harasser
  • how incidents or complaints of workplace harassment will be investigated and dealt with
  • how information obtained about an incident or complaint of workplace harassment, including identifying information about any individuals involved, will not be disclosed unless necessary for the purposes of investigating the incident or complaint, or for taking corrective action, or is otherwise required by law
  • how certain workers will be informed of the results of the investigation and of any corrective action [subsection 32.0.6(2)].

The workplace harassment program must be in writing, and must be developed and maintained in consultation with the Joint Health and Safety Committee (JHSC) or health and safety representative, if any [subsection 32.0.6(1)].

Information and instruction on workplace violence and harassment

Under the OHSA, an employer must provide appropriate information and instruction to workers on the contents of the workplace violence and harassment policies and programs [subsection 32.0.5(2)] and section 32.0.8].

All workers should be aware of the employer's workplace violence and harassment policies and programs. For workplace violence, workers should:

  • know how to summon immediate assistance when workplace violence occurs or is likely to occur
  • know how to report incidents of workplace violence to the employer or supervisor
  • know how the employer will investigate and deal with incidents, threats or complaints of workplace violence
  • know, understand and be able to carry out the measures and procedures that are in place to protect them from workplace violence, and
  • be able to carry out any other procedures that are part of the program.

For workplace harassment, workers should:

  • know how to report incidents of workplace harassment to the employer or supervisor
  • know how to report incidents of workplace harassment where the employer or supervisor is the alleged harasser
  • know how the employer will investigate and deal with incidents or complaints of workplace harassment
  • know how information about an incident or complaint of workplace harassment will be kept confidential unless disclosure is necessary for investigating or taking corrective action, or is otherwise required by law
  • know that the results of an investigation and any corrective actions will be provided to the worker who alleged workplace harassment and to the alleged harasser (if the alleged harasser is a worker of the same employer).

Practically speaking, workers may need other information and instruction on workplace violence and harassment, depending on their jobs. For example, supervisors may need additional information or instruction, especially if they are going to follow up on reported incidents or complaints of workplace violence or workplace harassment.

In addition, general duties for employers under section 25, supervisor duties under section 27, and worker duties set out in section 28 apply, as appropriate.

Specific duties regarding workplace harassment

In order to protect a worker from workplace harassment, the OHSA requires that employers ensure that:

  • an investigation is conducted into incidents and complaints of workplace harassment that is appropriate in the circumstances;
  • the worker who was allegedly harassed, and the alleged harasser (if he or she is also a worker of the employer), are informed in writing of the results of a workplace harassment investigation and of any corrective action that has been or that will be taken as a result of the investigation; and
  • they review the workplace harassment program as often as necessary, but at least annually, to ensure that it adequately implements the workplace harassment policy. [section 32.0.7].

Results of investigation is not a report

The OHSA specifies that the results of a workplace harassment investigation, and any report created during, or for the purposes of the investigation, is not a report that is required to be provided to the JHSC or health and safety representative for the purposes of subsection 25(2) [subsection 32.0.7(2)].

Assessment of risks for workplace violence

The employer must:s

  • assess the risks of workplace violence that may arise from the nature of the workplace, type of work or conditions of work [subsection 32.0.3(1)]
  • ensure the assessment takes the circumstances into account that are specific to the workplace and circumstances common to similar workplaces [subsection 32.0.3(2)], and,
  • include in the workplace violence program measures and procedures to control identified risks identified in the assessment as likely to expose a worker to physical injury [clause 32.0.2(2)(a)].

The employer must advise the joint health and safety committee (JHSC)or health and safety representative, if any, of the assessment results. If the assessment is in writing, the employer must provide a copy to the JHSC or the health and safety representative [clause 32.0.3(3)(a)].

If there is no JHSC or the health and safety representative, the employer must advise workers of the assessment results. If the assessment is in writing, the employer must provide copies to workers on request or advise the workers how to obtain copies [clause 32.0.3(3)(b)].

Employers must repeat the assessment as often as necessary to ensure the workplace violence policy and related program continue to protect workers from workplace violence [subsection 32.0.3(4)] and inform the JHSC, health and safety representative, or workers of the results of the re-assessment [subsection 32.0.3(5)].

Please note that an assessment of the risks of workplace violence should be specific to the workplace.

The OHSA does not require an employer to proactively assess the risks of violence between individual workers. It could be difficult for the employer to predict when violence may occur between individual workers. However, a review of incidents or threats of violence from all sources may indicate the origins of workplace violence and likelihood of violence between workers at a particular workplace.

The OHSA requires employers and supervisors to provide a worker with information, including personal information, related to a risk of workplace violence from a person with a history of violent behaviour [section 32.0.5(3)]. Further details regarding disclosure and limitations of providing information are available in the Ministry of Labour, Immigration, Training and Skills Development 's Understand the law on workplace violence and harassment guide.

Domestic violence

Employers who are aware of, or who ought reasonably to be aware of, domestic violence that would likely expose a worker to physical injury in the workplace must take every precaution reasonable in the circumstances to protect the worker [section 32.0.4].

Some indicators that domestic violence may occur in the workplace include reported concerns from the targeted worker or other workers, threatening calls or unwelcome visits at the workplace.

Measures and procedures in the workplace violence program can help protect workers from domestic violence in the workplace. For example, measures for the summoning of immediate assistance or for reporting of violent incidents could help protect workers from domestic violence when it may occur in the workplace.

Workers should be told that they can report their concerns to their employer if they fear that domestic violence may enter the workplace.

Employers must be prepared to investigate and deal with these concerns on a case-by-case basis. In addition to evaluating a worker's specific circumstances, employers should determine how measures and procedures in the existing workplace violence program could be used to support the development of reasonable precautions for the worker.

General duties and application to workplace violence

The general duties under the OHSA for employers [section 25], supervisors [section 27] and workers [section 28] continue to apply with respect to workplace violence [section 32.0.5]. For example, workers would be required to report actual or potential hazards in the workplace relating to workplace violence to their employer or supervisor.

Other related information and instruction duties

Under the Occupational Health and Safety Act, an employer has a general duty to provide information, instruction and supervision to protect a worker [clause 25(2)(a)].

A supervisor has a duty to advise workers of any actual or potential occupational health and safety dangers of which the supervisor is aware [clause 27(2)(a)].

To protect workers, the employer must tailor the type and amount of information and instruction to the specific job and the associated risks of workplace violence.

Workers in jobs with a higher risk of violence may require more frequent or intensive instruction or specialized training.

An employer should identify what information, instruction or training is needed when a worker is hired. This should be done by taking into account hazards associated with each specific job as well as the measures and procedures that are in place.

Similarly, the employer should identify what information, instruction or training is needed when a worker changes jobs.

Workplace violence can be covered along with other occupational health and safety topics, including workplace harassment, or it can be covered separately. Employers should also identify how often instruction or training should be repeated.

This is addressed in more detail in the Ministry of Labour, Immigration, Training and Skills Development 's guideline: Understand the law on workplace violence and harassment.

Work refusal associated with workplace violence

A worker has the right to refuse work in certain circumstances if he or she has reason to believe that workplace violence is likely to endanger himself or herself. For further details on the work refusal process, refer to Part V — Right to refuse or to stop work where health and safety in danger of this guide.

More information and resources are available on the Ministry of Labour, Immigration, Training and Skills Development 's website on workplace violence and harassment.

Content last reviewed May 2019.