Bill 168 amending the Occupational Health and Safety Act comes into effect on June 15, 2010.  Are you ready?

What is the Change? Amendments are specifically addressing work place violence and harassment. The amendments capture violence/harassment from any person including strangers, customers, clients, patients, co-workers domestic/intimate partners.

What does my company have to do? Employers must have policies on workplace violence and harassment supported by programs implementing the policies.  The programs include procedures for workers to report incidents and how each will be investigated.  Measures and procedures need to be in place for summoning immediate assistance where violence occurs or is likely.

How does my company start the process?- A risk assessment is necessary reviewing the nature of the workplace, the type of work and/or the conditions of work.  The risk assessment will also identify what controls are in place for each risk.

What about domestic violence, surely that is not my company’s concern? It is.  The requirement is that an employer that is aware or reasonably ought to be aware that domestic violence may occur in the workplace must take every precaution to protect an at risk worker.

I heard something about making my employees aware of someone with a past history of violence? Correct, it is the employer’s responsibility to provide information about a risk of workplace violence from a person with a history of violent behavior.  This includes only sufficient personal information about the previously violent co-worker that is reasonable to protect other workers.

How does my company make itself aware of workers previous violent history? Methods can vary but will include requiring voluntary disclosure, background checks and professional assessments.  It all depends upon the work place and the risk of violence from the demographic the workers represent.

Who will enforce the requirements? The Ministry of Labour health and safety inspectors will enforce the OHSA provisions.  The initial focus will be on the organizations where personnel are at known risk such as those handling money, securities or valuables.

Do the police have a role? Acts of violence are subject to the Criminal Code of Canada.  As such, police have the mandate to investigate all such acts.

What happens if we do nothing? This will vary depending upon the industry and the workers.  However keep in mind that the Occupational Health and Safety Act combined with the Criminal Code makes officers, directors, managers, supervisors and co-workers criminally liable in situations where they should have reasonably known that there was an unsafe condition in the work place.  The connection between the Criminal Code and the OHSA has been tested in the Supreme Court and found valid.

Is there a model that we can use to protect ourselves? The only proven model for defense against charges and claims is Due Diligence.  In order to prove Due Diligence, an organization must have an integrated system that addresses 14 key parameters.  These are known as the 14 Points of Due DiligenceTM.