Ontario's Bill 168 Webinar

As of June 15, 2010, employers in Ontario will have a legal obligation to take a proactive approach to reduce bullying, harassment and violence in the workplace. The new requirements stem from Bill 168, an Act to amend the Occupational Health and Safety Act (OHSA). Once Bill 168 comes into force employers with six or more regular employees will be required to:

• Conduct a formal assessment of the level of risk of violence in a workplace
• Create and display written policies to deal with this risk. These policies must be reviewed annually
• Implement specific programs aimed at reducing the incidence of violence within the workplace
• Report incidents of violence to the health and safety committee

But perhaps the most controversial section of Bill 168 calls for employers to disclose information about employees with a history of violent behaviour. Employers will likely need guidance from legal counsel to ensure that they do not disclose more personal information than the Bill requires.

Failure to comply with the OHSA or an order from an OHSA inspector can result in fines up to $25,000 or imprisonment for a term of not more than 12 months, or both. Where a corporation is convicted of an offence, the maximum fine is $500,000.

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