Reporting workplace violence incidents (OHSA)

The Ministry of Labour: Occupational Health and Safety Act (OHSA)

The Ministry of Labour administers the Occupational Health and Safety Act (OHSA).^{footnote 1[1]}

If an incident meets the OHSA definition of workplace violence (see below), there are reporting procedures under the employer's workplace violence program that must be followed. The worker must report the incident to the supervisor or employer. The employer's workplace violence program sets out how the employer will investigate and deal with the incident (s. 32.0.2).

If the incident results in a fatality or a critical injury (as defined in Reg. 834), the employer must meet time-sensitive requirements to give notice to (report to) the Ministry of Labour, the Joint Health and Safety Committee (JHSC), the health and safety representative and the union (s. 51).

If the incident results in an injury to a worker that requires medical attention or disables the worker so that they are not able to perform their usual work, the employer must meet time-sensitive requirements to give notice to the JHSC, the health and safety representative and the union (s. 52).

The reporting process for workplace violence (Road Map)

OHSA, s. 1(1) – Definition of workplace violence

Under the OHSA, “workplace violence” is defined as:

1. the exercise of physical force by a person against a worker, in a workplace, that causes or could cause physical injury to the worker
2. an attempt to exercise physical force against a worker, in a workplace, that could cause physical injury to the worker
3. 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

The OHSA defines “workplace” as “any land, premises, location or thing at, upon, in or near which a worker works.” However, incidents that originate off school premises or outside school programs can also qualify as workplace violence – for example, a message that threatens to cause injury to a worker.

Types of violent incidents that may occur in school boards

The Ministry of Labour's resource guide Workplace Violence in School Boards describes the various types of workplace violence that workers may face in practical terms:

Workplace violence against a worker may be a one-time occurrence or involve repeated behaviours over time such as hitting, kicking and biting a worker that causes or could cause physical injury. Workplace violence may also include an attempt to exercise physical force against a worker, such as an attempt to hit or bite and may also include a statement or behaviour which is reasonable for a worker to interpret as a threat of violence, such as leaving a worker a threatening note or threatening an act of violence against a worker.

A continuum of inappropriate and/or unacceptable behaviours can occur at the workplace. This can range from offensive remarks to violence. Workplace harassment may escalate over time. Where harassment, including sexual harassment, in the workplace involves threats, attempts or acts of physical force that causes or could cause physical injury, it would be considered to be workplace violence under the OHSA.

A person does not need to have the capacity to understand that their behaviour could cause physical injury to a worker [for their behaviour] to be workplace violence under the OHSA. It is important to identify and manage inappropriate and/or unacceptable behaviours early to minimize the potential for these behaviours to lead to workplace violence.

For more information about the Occupational Health and Safety Act definitions for workplace violence and workplace harassment, including sexual harassment, read: OHSA 1(1).

The reporting of violent incidents in school boards falls within the larger context of the required workplace violence policy, the program to implement the policy and duties around workplace violence that employers are responsible for under the OHSA. For example, the requirement that school boards have under the OHSA for assessing the risk of workplace violence relies in part on reported information about the number, frequency, or severity of workplace violence incidents for a specific workplace.

To support school boards in meeting their duties, Workplace Violence in School Boards includes a workplace violence policy and program sample checklist (Appendix A) and two templates for different types of safety plans (Appendix F and Appendix G) for school boards to take into consideration when developing their own safety plans.

The employer's program sets out how the worker reports workplace violence to the employer or supervisor (OHSA, s. 32.0.2(2)(c))

The OHSA requires that the employer develop and maintain a program to implement their workplace violence policy (s. 32.0.2). The school board's workplace violence reporting form, developed under the program, is the initial written record of the worker's report or complaint about the incident. If an injury resulted from the incident, both the worker and the principal must report it, following the school board's injury reporting procedures.

The employer's program sets out how the employer investigates workplace violence (OHSA, s. 32.0.2(2)(d))

The school board's workplace violence program typically assigns the investigation of the incident or complaint of workplace violence to the principal. The principal may also need to complete a supervisor's incident investigation report.

The reporting process is an integral part of the workplace violence program and related duties under the OHSA. The combined actions of the staff and principal to complete this reporting process provide vital information that enables the school board to offer timely assistance and support; to perform other workplace violence duties including risk assessment; and to develop or improve measures and procedures to make all the school communities within the board safer.

Fatality or critical injury: Part VII notices (OHSA, s. 51)

The OHSA sets out notification requirements for the employer in the event of a workplace fatality or critical injury, an injury requiring medical attention, or a worker injury that results in the worker becoming disabled and unable to perform their usual work.

If a person has been critically injured or killed in the workplace, whether they are a worker or not, the employer must immediately notify the Ministry of Labour, the Joint Health and Safety Committee (JHSC), the health and safety representative and the trade union by telephone or other direct means.

Within 48 hours, the employer must also notify, in writing, a director of the Ministry of Labour, giving the circumstances of the occurrence and any information prescribed in the regulations.

Critical Injury – OHSA, Reg. 834

A critical injury, as defined in Regulation 834 and later clarified by the Ministry of Labour (see Appendix 4), must be reported under the OHSA (s. 51) if there is a connection between the hazard that gave rise to the injury and worker health and safety.

Notice of violence causing injury: Part VII Notices (OHSA, s. 52)

If a person is disabled (unable to perform their usual work) or requires medical attention because of an incident of workplace violence, accident, explosion, or fire, but no person dies or sustains a critical injury, then the employer must give written notice to the JHSC, the health and safety representative and the trade union. This written notice must include information about the incident and must be provided within four days.

Joint Health and Safety Committee: Part VII Notices

Under the OHSA (Part VII: Notices), the employer is required to notify the JHSC as part of the notification requirements in the OHSA, sections 51 and 52, as described above. The JHSC has the right to designate one or more worker members of the committee to investigate cases where a worker has been killed or critically injured at a workplace from any cause. As long as key requirements for preserving the scene of the incident are met (s. 51(2)), one of those designated worker members may inspect the place where the critical injury or fatality occurred and any machine, device, or thing that may have been involved and shall report their findings to a director of the Ministry of Labour and to the JHSC. The school board's Terms of Reference for the JHSC can describe how the requirements for preserving the scene will be met (for more information, see Appendix C of the Ministry of Labour's Guide for Health and Safety Committees and Representatives).