THE BULLY-BUSTING BILL - Ontario’s Bill 168

Ontario’s “Bully-Busting” Bill: An Introduction to Bill 168
Ontario’s Bill 168, also known as the Bully-Busting Bill, will come into effect June 15, 2010. This bill is an amendment to the Ontario Occupational Health and Safety Act (OHSA), where all employers "take every precaution reasonable in the circumstances for the protection of a worker.” Bill 168 ensures workers will now be protected from violence and harassment through policy and procedure.

Marnie Armstrong, an organizational development consultant with St. Joseph’s Health Centre in Guelph says there is an abundance of information about the new bill that can be onerous and confusing, but it really is very simplistic in its execution. There are three things organizations need to do, “They need to develop a policy, educate employees and post the policy, and conduct a risk assessment,” she says. From an employee perspective, she adds that there is a bias for action. “Bystanders who witness inappropriate behaviours will have an obligation to do something.”

Examples of harassment may include:

• making remarks, jokes or innuendos that demean, ridicule, intimidate, or offend;
• displaying or circulating offensive pictures or materials in print or electronic form;
• bullying;
• repeated offensive or intimidating phone calls or e-mails; or
• inappropriate sexual touching, advances, suggestions or requests.

Violence and Harassment in the Workplace
Workplace harassment, as defined under the OHSA is, “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.” Simply put, harassment often involves repeated words or actions, or a pattern of behaviours, against a worker or group of workers in the workplace that are unwelcome.

Workplace Violence, as defined under the OSHA is not limited to the use of force. It also includes the threat of violence and is defined 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; and/or
• statements 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.

Canadian Lawyer Magazine suggests there are five things organizations need to know about Bill 168.

Has your organization:

1. Conducted a written risk assessment for violence in the workplace?
2. Created a policy prohibiting workplace violence and harassment?
3. Developed a program, prepared as a result of the risk assessment, responsive to the specific needs of the workplace?
4. Trained management and workers with respect to the organization’s violence prevention program?
5. Established an internal complaint procedure and investigation process?

Workplace Violence Policy

To help employers fulfill their obligations, the Ontario Ministry of Labour has provided a full range of templates and resources. Marnie suggests customizing the templates to your own organization. Select this link to access a toolbox that includes a workplace violence survey, sample policies, and how to create a safety plan.

The Workplace Safety and Insurance Board has also published a checklist to help you control the risk of violence in your workplace. Access the checklist here.

Examples of workplace violence may include:

• making remarks, verbally threatening to attack a worker;
• leaving threatening notes at or sending threatening e-mails to a workplace;
• shaking a fist in a worker’s face;
• wielding a weapon at work;
• hitting or trying to hit a worker;
• throwing an object at a worker;
• sexual violence against a worker;
• kicking an object the worker is standing on such as a ladder; or
• trying to run down a worker using a vehicle or equipment such as a forklift.

The workplace violence policy should:

• show an employer’s commitment to protecting workers from workplace violence;
• address violence from all possible sources (customers, clients, patients, employers, supervisors, workers, strangers and domestic/intimate partners);
• outline the roles and responsibilities of the workplace parties in supporting the policy and program; and
• be dated and signed by the highest level of management at the workplace.

St. Joseph’s Health Centre is taking a “Respect in the Workplace” approach to the bill, ensuring the positive approach creates a healthier workplace for all employees. “There is so much sensitivity with this bill,” Marnie says. “It’s not just the message it is how it is delivered. You don’t want to create fear among workers, you want to create reassurance.”

St. Joseph Health Centre serves as a leader in complex continuing care, long term care, rehabilitation care and outreach services. The organization also contributes to improved knowledge and innovative service delivery through education and research.

Contact Juice Inc.
For information on how Juice can help your organization deal with unwanted behaviours and build more respect in your workplace, please contact Cheryl Rayfield at Juice Inc. Email: .(JavaScript must be enabled to view this email address)

Tel: 519.822.5479
Toll Free: 888.822.5479
Web: http://www.JuiceInc.com

For more information on Workplace Violence and Harassment, Definitions and Templates, click her to access the Ministry of Labour website.

About the Author

Crista Renner

Crista has been part of Juice Inc. since its inception. She is an engaging presenter who brings a vast storehouse of business and personal stories, making her an entertaining and pragmatic speaker. Because of her inviting and open style, she excels at asking the difficult questions that people think about, but never ask. Her marketing prowess and creativity have helped numerous organizations clarify their point of difference to increase sales and improve client retention.