Government seeking input from all stakeholders on amending OHS act
The Ontario government is considering enhancing workplace violence protections under the Occupational Health and Safety Act.
The government released a consultation paper outlining the issues around workplace violence and is seeking input from labour and employer stakeholders, as well as from the general public.
"We want Ontario workers to enjoy safe and healthy workplaces," said Labour Minister Brad Duguid. "At the same time, we must make sure that our occupational health and safety legislation protects them from workplace violence in a balanced way that reflects the realities of today's workplaces."
Current legislation doesn't expressly address employer obligations to protect workers from workplace violence. Instead, employers have a general duty under the OHSA to take "every precaution reasonable" to protect the health and safety of workers.
While there's no definition of workplace violence in the act, the ministry has developed an operational policy that defines workplace violence as: "The attempted or actual exercise, by a person, of any intentional physical force that causes or may cause injury to a worker, and includes any threats which give a worker reasonable cause to believe that he or she is at risk of physical injury."
The ministry started a workplace violence enforcement initiative last year, with inspectors investigating and issuing orders to employers requiring violence-related risk assessments, violence policies and training.
As part of the consultation, which will continue until Oct. 17, the government is specifically asking:
•If the operational policy definition of workplace violence is appropriate for employers or if it should be expanded.
•If employers should be required to develop and implement workplace violence prevention programs.
•If high-risk sectors or activities should be targeted with additional requirements.
•If employers should address the risk of domestic violence in the workplace.
•If work refusal provisions should include violence or threat of violence as a grounds for refusal.
Workplace violence facts:
•Violence against workers is most likely to arise from clients, customers or other members of the public.
•The risk of violence is higher in certain sectors, such as health care, social services, retail, hospitality, education, transportation, police, security agencies and correctional services.
•A number of work activities are associated with an increased risk of workplace violence, including: handling cash, protecting or securing valuables, transporting people and goods, a mobile workplace (such as a vehicle), public or community contact, working alone or with just a few people or working late nights or very early mornings.
The government released a consultation paper outlining the issues around workplace violence and is seeking input from labour and employer stakeholders, as well as from the general public.
"We want Ontario workers to enjoy safe and healthy workplaces," said Labour Minister Brad Duguid. "At the same time, we must make sure that our occupational health and safety legislation protects them from workplace violence in a balanced way that reflects the realities of today's workplaces."
Current legislation doesn't expressly address employer obligations to protect workers from workplace violence. Instead, employers have a general duty under the OHSA to take "every precaution reasonable" to protect the health and safety of workers.
While there's no definition of workplace violence in the act, the ministry has developed an operational policy that defines workplace violence as: "The attempted or actual exercise, by a person, of any intentional physical force that causes or may cause injury to a worker, and includes any threats which give a worker reasonable cause to believe that he or she is at risk of physical injury."
The ministry started a workplace violence enforcement initiative last year, with inspectors investigating and issuing orders to employers requiring violence-related risk assessments, violence policies and training.
As part of the consultation, which will continue until Oct. 17, the government is specifically asking:
•If the operational policy definition of workplace violence is appropriate for employers or if it should be expanded.
•If employers should be required to develop and implement workplace violence prevention programs.
•If high-risk sectors or activities should be targeted with additional requirements.
•If employers should address the risk of domestic violence in the workplace.
•If work refusal provisions should include violence or threat of violence as a grounds for refusal.
Workplace violence facts:
•Violence against workers is most likely to arise from clients, customers or other members of the public.
•The risk of violence is higher in certain sectors, such as health care, social services, retail, hospitality, education, transportation, police, security agencies and correctional services.
•A number of work activities are associated with an increased risk of workplace violence, including: handling cash, protecting or securing valuables, transporting people and goods, a mobile workplace (such as a vehicle), public or community contact, working alone or with just a few people or working late nights or very early mornings.
