Clear Path presents Bill 168 Executive Overview - Updated Sep 2010

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Slide 1: 

1 Bill 168 brings changes to Workplace Violence & Harassment Legislation in Ontario Executive Overview www.clearpathemployer.com

2 Agenda for today Review of the Occupational Health & Safety Act What led to the changes in Bill 168 Summary of changes in Bill 168 Required actions for employers in Bill 168 New definitions for Workplace Violence & Harassment Domestic violence in the workplace Disclosing history of violent behaviour New rules for work refusals How Clear Path can help Questions www.clearpathemployer.com

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3 Clear Path Employer Services is an HR consulting company that helps companies manage the risks associated with their human capital Team of HR and medical professionals, based in Cambridge We offer “HR on Demand” for growing businesses and have a specialization in cost-effective WSIB claims management Anna Aceto-Guerin, CHRP, President and Owner www.clearpathemployer.com (519) 624-0800 or toll-free at (877) CLEAR-04 Who We Are www.clearpathemployer.com

4 Provincial legislation that imposes a general duty on employers to protect workers against health and safety hazards on the job Establishes procedures for dealing with hazards Enforcement is carried out by government inspectors In some serious cases, charges may be laid by police or crown attorneys under Section 217.1 of the Canada Criminal Code (known as Bill C-45) What is the Occupational Health & Safety Act? (OSHA) www.clearpathemployer.com

5 What is Bill 168? Bill 168 is an Act to amend The Occupational Health and Safety Act of Ontario with respect to violence & harassment in the workplace It came into effect on June 15, 2010 Established several new obligations for employers Several controversial elements www.clearpathemployer.com

6 Overview of Changes in Bill 168 Expands definitions of workplace “violence” and “harassment” Places explicit duty on employers to protect workers Adds new obligation to prevent domestic violence in the workplace Controversial requirement to disclose an individual’s history of violent behaviour to fellow employees Conflicts with privacy legislation New rules for work refusals List of new required actions for employers www.clearpathemployer.com

7 Required Actions for Employers Under Bill 168 Perform a risk assessment to determine risk of workplace violence Including research into similar businesses Communicate results to H&S Committee and/or employees Re-assess annually Develop written policies on workplace violence & harassment Create and communicate procedures, particularly related to: Reporting an incident Summoning emergency assistance Prevent domestic violence from occurring in the workplace Disclose an individual’s history of violence where workers are: Likely to encounter that person in the course of their work, and Where there is a risk of physical injury Train for employees on new legislative changes www.clearpathemployer.com

What led to the changes in the Occupational Health & Safety Act? : 

8 What led to the changes in the Occupational Health & Safety Act? www.clearpathemployer.com

9 “The Act, as it now is, does provide that employers have a general duty to keep their workplaces safe.” “The amendments [in Bill 168], however, will help strengthen existing provisions under the Act and provide clarification to current regulations.” “We want workplaces to create an environment that says to each and every worker, violence is unacceptable in this workplace, and violence will be dealt with.” Peter Fonseca, Minister of Labour April 20, 2009 Philosophy behind changes to the OHSA www.clearpathemployer.com

10 O.C. Transpo (Ottawa) in 1999 Bus driver Pierre Lebrun complained to management about bullying, no significant action was taken He later shot and killed 4 fellow employees, then himself Inquest recommended inclusion of “psychological violence” (bullying, teasing) in definition of workplace violence Hôtel-Dieu Grace Hospital (Windsor) in 2005 Nurse Lori Dupont was murdered at work by a former boyfriend, Dr. Marc Daniel, who worked in the same hospital Dupont complained that she feared for her safety and was being harassed, however the hospital continued to schedule the two to work together Inquest recommended review of OHSA to examine feasibility of including domestic violence Two landmark cases influenced Bill 168 www.clearpathemployer.com

Slide 11: 

11 Workplace Violence www.clearpathemployer.com

12 Bill 168 expands the definition of workplace violence Workplace violence is now defined as: (a) the exercise of physical force by a person against a worker in a workplace that causes, or could cause, physical injury to the worker; and/or (b) an attempt to exercise physical force against a worker in a workplace that could cause physical injury to the worker (c) a statement or behaviour that 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 How Bill 168 Re-Defines Workplace Violence www.clearpathemployer.com

13 Working with the public Working alone, in isolated areas, or during early/late hours Handling money, valuables or prescription drugs Alcohol being served Working during times with increased levels of stress (tax season, Christmas), Being involved in interactions that can be confrontational (perform. appraisals) or during periods of intense organizational change (e.g. strikes, downsizing) Working in the health care or criminal justice systems What factors increase risk of workplace violence? Source: WSIB Website www.clearpathemployer.com

Slide 14: 

14 Workplace Harassment www.clearpathemployer.com

15 Harassment based on “protected grounds” Prior to Bill 168, workplace harassment complaints needed to be tied to grounds covered under The Human Rights Code, including: Age Race Religion Religious creed Political opinion Colour or ethnic origin National or social origin Sex Sexual orientation Marital status Family status Physical disability Mental disability www.clearpathemployer.com

16 Bill 168 expands definition of Workplace Harassment New definition in Bill 168: “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.” Noteworthy: Removes requirement to link a claim to a protected ground Protection from “personal harassment” or “psychological harassment” New challenges for employers “Bullying” versus reasonable exercise of management functions www.clearpathemployer.com

Slide 17: 

17 Why is the Ministry of Labour taking a more aggressive stance on Workplace Harassment? Violence is rarely a spontaneous act, but more often the culmination of escalating patterns of negative interaction between individuals Source: www.hrpa.ca www.clearpathemployer.com

Preventing Domestic Violence in the Workplace : 

18 Preventing Domestic Violence in the Workplace www.clearpathemployer.com

19 Preventing domestic violence in the workplace Employers must "take every precaution reasonable in the circumstances“ to protect workers from domestic violence that would likely cause physical injury to workers in the workplace. This obligation on the employer arises only if the employer is aware, or ought reasonably to be aware, of the situation. www.clearpathemployer.com

20 Domestic violence in the workplace Actions the employer is now required to take by law, include: Investigate and assess the level of risk Potentially prevent the accused party from entering the premises or attending a work-sanctioned event (i.e. holiday party) Notify fellow employees who are likely to encounter the accused of the risk Disclosure may be limited to security/reception or to individuals who work directly with the affected spouse It may also be necessary to notify the entire workforce. Limit disclosure of personal information to what is reasonably necessary to protect workers from physical injury. www.clearpathemployer.com

21 Domestic Violence: What if the accused is an employee? If both of the parties involved in a domestic violence investigation work for the company, it presents additional challenges to the employer. However, Bill 168 determines that the prevention of violence and the safety of employees must be the highest priority. The company will investigate the complaint as required under legislation, but may decide to remove the accused party from the workplace with a paid leave of absence while the investigation is being conducted. www.clearpathemployer.com

Disclosing an individual’s history of violence : 

22 Disclosing an individual’s history of violence www.clearpathemployer.com

23 Disclosing a history of violent behaviour Employers must disclose an individual’s history of violence where employees: Are likely to encounter that person in the course of their work; and Where there is a risk of physical injury - This includes fellow employees and external contacts (customers, vendors, spouse or family member of an employee) www.clearpathemployer.com

Slide 24: 

24 Disclosing an employee’s history of violence Disclosing risk to co-workers: In some circumstances, providing information to co-workers may include providing available information about a person in the workplace who has a history of violent behavior. Limit on what will be disclosed: No more personal information shall be disclosed than is reasonably necessary to protect the worker from physical injury. The issue of Privacy: It is understood that the Ministry of Labour has expressed the opinion that employee safety from workplace violence outweighs privacy legislation www.clearpathemployer.com

Expanded rules for employee work refusals : 

25 Expanded rules for employee work refusals www.clearpathemployer.com

Prior to Bill 168:Existing Work Refusal Legislation: Section 43 : 

26 Prior to Bill 168:Existing Work Refusal Legislation: Section 43 An employee can refuse work if he/she believes that the situation is unsafe to either himself/herself or his/her co-workers. The employee must report to their supervisor that they are refusing to work and state why they believe the situation is unsafe. Employee, supervisor, and a JHSC member will investigate. Worker is to remain in a safe place near their work station www.clearpathemployer.com

27 Bill 168 expands right to refuse work Under Bill 168, employees may refuse unsafe work where they have reason to believe that “workplace violence is likely to endanger himself or herself…” Bill 168 also removes the requirement for that worker to remain near the workstation until the resulting investigation is complete. Instead, the worker is required to remain “in a safe place that is as near as reasonably possible to his or her work station…” The right to refuse work does not apply in instances related to workplace harassment www.clearpathemployer.com

Conclusion : 

28 Conclusion www.clearpathemployer.com

29 Summary of what you need to know about Bill 168 Assess the risk of workplace violence on an annual basis and take steps to mitigate any identified risks Certain positions in a company have more risk than others Understand that certain behaviours (violence, threatening comments, bullying) are contrary to the Occupational Health & Safety Act Each employee must know how to report an incident of workplace violence or harassment and how to summon assistance when necessary Management must take steps to prevent the occurrence of domestic violence within the workplace Management is required by law to disclose an individual’s history of violent behaviour to fellow employees when there is a risk of violence occurring in the workplace Employees may now refuse to work when there is a reasonable risk of workplace violence www.clearpathemployer.com

How Clear Path can help : 

30 How Clear Path can help www.clearpathemployer.com

Clear Path’s “Do It Yourself” Bill 168 Package : 

31 Clear Path’s “Do It Yourself” Bill 168 Package Well suited for companies with basic needs who are able to do “leg work” in-house with limited support What is included: Easy-to-use Workplace Hazards Inspection Form you can use to assess the risk of workplace violence Employee Survey Form, which will allow you to gather feedback from your workers Customizable policy statement of your company’s commitment to the prevention of Workplace Violence and Harassment and customizable procedure templates PowerPoint presentation to train your employees on Bill 168 that you can customize Employee Training Sign-off template as evidence of your company’s training efforts Up to two (2) hours of telephone or e-mail support from a Clear Path consultant to review your materials and answer your questions (additional time may be purchased) May be used towards having Clear Path deliver employee training Investment Required: $599.00 + HST www.clearpathemployer.com

Questions? : 

32 Questions? For additional information, please contact : Clear Path Employer Services 150 Werlich Drive, Unit 4 Cambridge, Ontario N1T 1N6 (519) 624-0800 www.clearpathemployer.com

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