Myths about Bill 168 Compliance

Reprinted with permission. © 2011 Clear Path Employee Services www.clearpathemployer.com/index.php

June 15^th marks the one year anniversary of Ontario's Bill 168, an amendment to the Occupational Health and Safety Act related to the prevention of Workplace Violence and Harassment. The McGuinty government passed the legislation with laudable intentions, namely that "everyone should be able to work without fear of violence or harassment, in a safe and healthy workplace."

However, Bill 168's rushed implementation and a lack of clear instruction for business owners has led to confusion for many employers about whether they are compliant or not. Ministry of Labour inspectors state that 80% of small businesses and 20% of large businesses are still not compliant with Bill 168.

This article will attempt to dispel some of the myths related to Bill 168 and help you get your business compliant:

Myth # 1: We already had a violence and harassment policy, so we must be compliant

This myth is incorrect in two important ways.

First, Bill 168 includes numerous requirements for employers that go well beyond the creation of a policy statement. In addition to creating effective policies, companies are required to:

• Perform annual Workplace Violence Risk Assessments
• Gather feedback from their employees
• Establish procedures for their staff (particularly on how to summon assistance and how to report an incident)
• Educate supervisors and workers on expanded Work Refusal rules
• Train their employees on all the elements of Bill 168

Second, Bill 168 significantly expanded the definition of both workplace violence and workplace harassment. Previously existing policy statements will likely not include these changes:

• The definition of workplace violence is no longer limited to a physical act, but now includes the threat of violence against a worker.

• Criteria for a harassment complaint was expanded beyond traditionally "protected grounds" (race, age, religion, etc.) to include "personal harassment" or bullying, which is any behaviour "that is known or ought reasonably to be known to be unwelcome."

Myth # 2: We're a small company so we don't need to be compliant with Bill 168

All provincially regulated companies with at least one employee are required to be compliant with Bill 168. The only provision related to number of employees is that companies with less than 5 employees don't need to post their policies and procedures in a conspicuous place (however they do have to create them).

Myth # 3: We've never had an issue. There's no need to perform an Assessment

A recent study claimed that 79% of workers have witnessed a conflict in their workplace, either between co-workers or a customer. Most often this involved verbal abuse or harassment, but occasionally this escalated into violence. Assuming that your workplace has never had an issue may be incorrect.

Regardless, Bill 168 requires employers to complete a Workplace Violence Risk Assessment at least once per year. This assessment must include:

• Physical inspection of your workplace
• Identification of risk exposures and existing safeguards
• Document exposures for each role in your company (including sales and delivery persons)
• Review history of incidents in your company
• Research risks faced at similar businesses

Myth # 4: If an employee doesn't share details of domestic abuse, you don't have to do anything about it

Bill 168 does not require employers to prevent domestic violence at an employee's home, but it does require them to take active steps to prevent domestic violence from entering the workplace (potentially impacting both the affected individual and other workers).

Employers are required to take action if they become aware or ought reasonably to be aware of the situation. This means that employers cannot turn a blind eye to someone with suspicious injuries and are required by law to take steps that may include:

• Investigating and assessing the level of risk
• Potentially preventing the accused party from entering the premises or attending a work-sanctioned event (i.e. holiday party)
• Notifying fellow employees who are likely to encounter the accused party

However, it is important to note that no more personal information shall be disclosed than is reasonably necessary to protect workers from physical injury.

Myth # 5: We did our Workplace Violence Risk Assessment last year. We're done.

Bill 168 requires employers to perform Workplace Violence Risk Assessments at least once per year and should do one if there is ever a significant change in workplace design or the nature of goods & services provided to customers.

In addition, employers must embrace the mindset that preventing workplace violence and harassment is an ongoing process that requires constant vigilance. Employees and supervisors will need refreshers and ongoing support to ensure that every reasonable step is taken to keep everyone safe from danger.

Conclusion: What is your company doing on this anniversary of Bill 168?