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Ontario employers face tough new violence in the workplace laws

Companies will soon have to shoulder greater responsibility in ensuring employees are safe and free from harassment and bullying.

Starting June 15, Ontario employers will have to operate according to new changes to the Occupational Health and Safety Act.  Provinces like Quebec, Manitoba, Saskatchewan and Alberta have similar leglislation in place.  

The new changes have already faced criticism, some legal experts are not satisfied with the new changes stating that the new rules are vague in certain areas.

The new legislation will require employers to conduct workplace violence risk assessments, draft new policies on workplace violence and harassment, and warn employees when they are working with someone who has a violent past.  If employees feel they are at risk of workplace violence they can refuse work. 

With the new legislation the definition of workplace harassment changes as well, currently it is “sexist, racist, or other comments”. The new definition of workplace harassment will be “course of vexatious comment or conduct against a worker in a workplace that is known or ought reasonably to be known to be unwelcome”.

According to Janice Rubin of Rubin Thomlinson LLP in Toronto,  workplaces where yelling and screaming is normal will have undergo changes. She believes demeaning and bullying behavior will have to disappear.  

However, some employers are worried that certain employees may use the new legislation as a way to get back at them for scolding them for their lateness or job performance.  

Robb Macpherson, a partner with McCarthy Tétrault LLP in Toronto, states that most often that workplace violence or harassment occurs between to equal co- workers.  He also points out that it is impossible for supervisors to watch all employees all the time, it puts the pressure on employers to manage a situation they may not have control of.



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