Canadian OH&S Related Workplace Violence, Harassment ... · BRITISH COLUMBIA Relevant Statutes: Workers Compensation Act, R.S.B.C. 1996, c. 492 and Occupational Health and Safety

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O N T A R I O

1. Cheryl A. Edwards*416 360.2897cell 416 452.4958 [email protected]

2. Douglas G. Gilbert416 [email protected]

3. Jeffrey Goodman416 643.6824cell 647 500.6824 [email protected]

4. Kevin D. MacNeill416 360.2602cell 647 200.5326 [email protected]

5. Jeremy Warning*416 643.6946cell 647 407.5732 [email protected]

6. Rhonda Shirreff416 [email protected]

7. Lia Chiarotto416 [email protected]

8. Dan Palayew613 236.6970cell 613 296.8830 [email protected]

9. Julie Thibault613 236.2161cell 613 [email protected]

10. Shane Todd 416 643.6958cell 647 [email protected]

Q U E B E C

11. Francine Legault514 [email protected]

12. Lucie Guimond514 [email protected]

13. Danielle Gauthier819 [email protected]

14. Jean Boulet819 [email protected]

15. Simon Laberge 514 846.7248 [email protected]

B C / A L B E R T A

16. Dean Crawford604 891.1162cell 604 [email protected]

17. Jillian Frank604 [email protected]

18. Andrea Zwack604 [email protected]

19. Najeeb Hassan604 891.1164cell 604 [email protected]

* Former OHS Prosecutor

OHS R e c o g n i z e d , R e s p e c t e d , E x p e r i e n c e d .

Workers’ Compensation&

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Proact ive Consul tat ion

Canadian OH&S Related Workplace Violence, Harassment Provisions

This Summary Represents An Overview of Key Provisions.

FEDERALRelevant Statutes: Canada Labour Code, R.S.C. 1985, c. L-2 [‘CLC’], Canada Occupational Health and Safety Regulations, S.O.R./86-304 [‘COHRS’]

B R O A D LY S P E A K I N G , W H AT ’ S C O V E R E D ?

Definition of WorkplaceViolence Hazard Assessment Policies Reduction or Elimination of

the RiskInstruction and Training ofWorkers Response to Incidents

Workplace violence is anyaction, conduct, threat orgesture of a person towards anemployee in their workplacethat can reasonably beexpected to cause harm, injuryor illness to that employee.

COHRS, s. 20.2

Employers must identifypotential hazards in theworkplace.

COHRS, s. 19.1

Employers must identify andassess the workplace for thepotential for workplaceviolence.

COHRS, s. 20.4 and 20.5

Employers currently have thegeneral obligation to preventand protect against violence inthe workplace.

CLC, s. 125(1)(z.16)

Employers must develop andimplement a program foridentifying and preventinghazards.

COHRS, s. 19.2

Employers must develop aviolence prevention policy.

COHRS, s. 20.3

Every employer has a duty totake preventative measures tolimit workplace hazards.

COHRS, s. 19.1

Employers must createcontrols to eliminate the risk ofworkplace violence.

COHRS, s. 20.6

Employers have a duty toprovide employee educationregarding workplace hazards.

COHRS, s. 19.1

Education programs musthighlight workplace hazardsand the employee’s duty toreport hazards and incidents.

COHRS, s. 19.6

Employers are required toeducate employees on thefactors that contribute toworkplace violence, thecommunication system inplace, prevention measures,and reporting procedures.

COHRS, s. 20.10

Employees must report allhazardous occurrences to theiremployer.

CLC, s. 126(1)(g)

Employers must investigate,record, and report allhazardous occurrences.

COHRS, s. 15.8(1)

Employers are required todevelop written proceduresand to ensure that employeesare aware of notificationprocedures to summonimmediate assistance inresponse to workplaceviolence. Employers must alsoinvestigate reports ofworkplace violence using acompetent person.

COHRS, s. 20.08 and s. 20.09



ALBERTARelevant Statutes: Occupational Health and Safety Act, R.S.A. 2000, c. O-2, Occupational Health and Safety Code, Part 27 Occupational Health and Safety Code [‘Code’], sections 389-392




“Violence” is defined as thethreatened, attempted or actualconduct of a person thatcauses or is likely to causephysical injury.

Code, s. 1

A hazard assessment isrequired before work begins ata work site. The assessmentmust include the possibility ofinjury to a worker fromphysical violence as a potentialhazard. The hazard assessmentmust be repeated at reasonablypracticable intervals to preventthe development of unsafeworking conditions.

Code, s. 7 and s. 389

An employer must develop apolicy and procedures forreporting, investigating, anddocumenting incidents ofpotential workplace violence.

Code, s. 390

If a risk of workplace violenceis identified the employer musttake measures to eliminate it ifreasonably practicable.

Code, s. 9

Employers must ensure thatworkers are instructed in(a) how to recognize workplaceviolence;(b) the procedures in place to minimize workplace violence;(c) the appropriate response toworkplace violence, includinghow to obtain assistance; and(d) procedures for reporting,investigating and documentingincidents of workplace vio-lence.

Code, s. 391

Employers must investigateincidents of workplaceviolence, prepare a reportoutlining the circumstances ofeach incident and outlinecorrective action to prevent arecurrence. The report must bereadily available for inspectionby an OHS officer.

Employers must ensureaffected workers are advised toconsult a health professional ifthe worker reports an injury oradverse symptom.

Code, s. 392



BRITISH COLUMBIARelevant Statutes: Workers Compensation Act, R.S.B.C. 1996, c. 492 and Occupational Health and Safety Regulation, B.C. Reg. 296/97 [‘OHSR’]




“Violence” means theattempted or actual exercise ofphysical force by a personother than a worker, so as tocause injury to a worker, andincludes any threateningstatement or behaviour whichcauses a worker to reasonablybelieve he or she is at risk.

OHSR, s. 4.27

A risk assessment must beperformed in workplace wherea risk of injury to workers fromviolence may be present. Therisk assessment must consider(a) the previous experience inthat workplace;(b) occupational experience insimilar workplaces; and(c) the location andcircumstances in which workwill take place.

OHSR, s. 4.28

If a risk of injury to workers isidentified by the assessment,the employer must establishpolicies and procedures toeliminate the risk to workersfrom violence in so far asreasonably possible.

OHSR, s. 4.29

Employers must eliminatethe risk to employees fromviolence insofar aspossible.

OHSR, s. 4.29

Specific measures for “latenight retail premises” open“late night hours”.

OHSR, s. 4.22.1

Employers must ensure thatworkers who may beexposed to violence areinstructed in (a) how to recognizeworkplace violence; (b) the policy, proceduresthat are in place to minimizeor eliminate workplaceviolence; (c) the appropriate responseto workplace violence,including how to obtainassistance; and (d) procedures for reporting,investigating anddocumenting incidents ofworkplace violence.

This includes duty to informworker of risk of violencefrom persons who have ahistory of violent behaviourand whom workers are likelyto encounter in the courseof their work.

OHSR, s. 4.30

Improper activity or behaviour(defined) must be reported andinvestigated. Improper activityor behaviour is defined asattempted or actual physicalforce by one worker towardsanother so as to cause injury,including threateningstatements or behaviour whichcauses the worker to reasonablybelieve he or she is at risk.Horseplay, practical jokes,unnecessary running or jumpingor similar conduct is caught bythis definition.

OHSR, s. 4.24- 4.26

Employers must advise workersreporting an injury or adversesymptom as a result of anincident of violence to consult aphysician.

OHSR, s. 4.31


MANITOBA

Relevant Statutes: Workplace Safety and Health Act, C.C.S.M. c. W210 [‘WSHA’] and Workplace Safety and Health Regulation, Man. Reg. 217/2006 (Parts 8-11) as amended by Reg.147/2010 [‘WSHR’]


Definition of Workplace Violence Hazard Assessment Policies Reduction orElimination of the Risk

Instruction and Training ofWorkers Response to Incidents

“Harassment” means(1) objectionable conduct that creates a risk to the

health of the worker; or (2) severe conduct that adversely affects a worker’s

psychological and physical well-being.

Conduct is objectionable if “it is based on race,creed, religion, colour, sex, sexual orientation,gender-determined characteristics, marital status,family status, source of income, political belief,political association, political activity, disability,physical size or weight, age, nationality, ancestry orplace of origin.”

Conduct is severe if “it could reasonably cause aworker to be humiliated or intimidated and isrepeated, or in the case of a single occurrence has alasting, harmful effect on a worker.” Conductincludes a written or verbal comment, a physical actor gesture or a display, or any combination.Reasonable employer or managerial conduct inrespect of managing and directing workers is notharassment.

“Violence” means(a) the attempted or actual exercise of physical force

against a person; and(b) any threatening statement or behaviour thatgives a person reasonable cause to believe thatphysical force will be used against the person.

WSHR, s. 1

Employers mustidentify and assessthe risk of violence inthe workplace inconsultation with theworkplace committee,representative at theworkplace, or theworkers at theworkplace.

WSHR, s. 11.1(1)

Where a risk of violence isidentified, employers mustdevelop and implement writtenpolicy statements to deal withpotentially violent situations and harassment,after consultation withworkplace committee orrepresentatives (or workers ifrepresentative unavailable).

The policy statement mustaddress certain issuesprescribed in the regulations,and the employer must ensurethat it is reviewed every threeyears and whenever there is achange of circumstances thatmay affect the health or safetyof workers.

WSHR, s. 11.1 and 10.1

Policies must be posted.

WSHR, s. 10.3 and 11.1(5)

Employers must committo minimizing the risk ofviolence, developappropriate policies,and train employeesaccordingly.

WSHR, s. 11.1(2)

Employers must informworkers of the nature andextent of the risk fromviolence they face in theiremployment. Employersmust implement a trainingprogram for workers that (a) trains workers in theviolence prevention policy;(b) minimizes risk to workers; (c) outlines how to report anincident; and (d) outlines how incidentswill be investigated.

WSHR, s. 11.1(2) and (4)

This includes duty to informworker of risk of violencefrom persons whom workersare likely to encounter in thecourse of their work.

WSHR, s. 11.2(2)(b)

The Employer’s policymust clearly state how incidents will beinvestigated.

WSHR, s. 11.1(4)



NEW BRUNSWICKRelevant Statutes: Occupational Health and Safety Act, S.N.B. 1983, c. O-0.2, [‘OHSA’] and Code of Practice for Working Alone Regulation - Occupational Health and Safety Act, N.B. Reg. 92-133




The Act speaks in generalterms. Every employer must (a)take every reasonableprecaution to ensure the healthand safety of employees;(b)comply with this Act and allregulations; and(c) ensure employees complywith the Act and regulations.

OHSA, s. 9.1



NEWFOUNDLAND AND LABRADOR Relevant Statutes: Occupational Health and Safety Act, R.S.N.L. 1990, c. O-3, and Occupational Health and Safety Regulations, 2009, N.L.R. 70/09 [“OHSR”].




“Violence” means theattempted or actual exercise bya person, other than a worker,of physical force to causeinjury to a worker, and includesthreatening statements orbehaviour which gives aworker reason to believe thathe or she is at a risk of injury.

OHSR, s. 22(1)

A risk assessment must beperformed in a workplace inwhich a risk of injury toworkers from violence arisingout of their employment maybe present. The riskassessment must consider:(a) previous experience in theworkplace;(b) occupational experience insimilar workplaces; and(c) the location andcircumstances in which workmay take place.

OHSR, s. 22(3)

Where a risk of injury toworkers from violence isidentified by the assessment,the employer shall:(a) establish procedures,policies and work environmentarrangements to eliminate therisk to workers from violence;and (b) where elimination of therisk to workers is not possible,establish procedures, policiesand work environmentarrangements to minimize therisk to workers.

OHSR, s. 23

Employers must, where it isnot possible to eliminate therisk to employees fromviolence, establish policies andprocedures to minimize risk.

OHSR, s. 23

An employer must informworkers who may be exposedto the risk of violence of thenature of the risk and theprecautions that may be taken.

OHSR, s. 24(1)

This includes a duty to informworkers of risk of violencefrom persons who have ahistory of violent behaviourand whom workers are likely toencounter in the course oftheir work.

OHSR, s. 24(2)



NORTHWEST TERRITORIESRelevant Statutes: Safety Act, R.S.N.W.T. 1988, c. S-1 [‘SA’]




Violence is not defined. Employers have a general dutyto ensure that the workplace issafe and without risks to theemployees health.

SA, s. 4

A Committee may be orderedto be established, comprisedof workers and representativesof the employer, which shallmake recommendations for theimprovement of the health andsafety of the workers.

SA, s. 7

Employers have a general dutyto take all reasonableprecautions and to adopt andcarry out all reasonabletechniques to ensure the healthand safety of every worker.

SA, s. 4



NOVA SCOTIA Relevant Statutes: Occupational Health and Safety Act, S.N.S. 1996, c. 7, Violence in the Workplace Regulations, N.S. Reg. 209/2007 [‘VWR’]

These requirements apply to any workplace where the primary business is health services, ambulance or emergency health services, medical services, dental services, veterinary services, blood collectionservices, testing and diagnostic services, pharmaceutical-dispensing services, education services, policing services, detective services, correctional services, probation services, security services, retailsales, delivery services, financial services, taxi services, passenger transit services, gaming activities, or homemaker’s services. (see VWR, s. 4)


Definition ofWorkplace Violence Hazard Assessment Policies Reduction or Elimination of


Violence is definedbroadly as (i) threats, includingthreatening behaviour,that gives an employeereasonable cause tobelieve that he or she isat risk of physicalinjury; or (ii) conduct (orattempted conduct)that endangers thephysical health orphysical safety of anemployee.

VWR, s. 2

Employers must conduct aviolence risk assessment foreach of their workplaces todetermine if there is a risk ofviolence in the workplace andprepare a written report. Riskassessment to take intoaccount listed considerations.

VWR, s. 5 and 7

Risk assessment to beconducted at least every 5years.

VWR, s. 6(2)

Employer mustcraft and adopt aworkplace violenceprevention plan,including aworkplace violencepreventionstatement, for eachworkplace for whichsignificant risk ofviolence identified.

VWR, s. 7

Employers must establish andimplement violence preventionplans in consultation with anycommittee where a significant risk of violence isidentified.

VWR, s. 7

Employers must provideadequate training for anyemployee exposed to asignificant risk of violence.Employers must teachemployees their rights andresponsibilities, outlinemeasures taken by theemployer to minimize therisk of violence, teachemployees how torecognize potentiallyviolent situations and howto respondentappropriately.

VWR, s. 11

All workers, employees, employers, constructors,and owners have a duty to report all incidents ofworkplace violence to employer.

VWR, s. 12

Employers must debrief employee exposed toviolence and advise employee to seek medicalattention if exposed or affected by an incident ofworkplace violence.

VWR, s. 14

Employers must ensure that incidents of violence inthe workplace are documented and promptlyinvestigated to determine their causes and theactions needed to prevent reoccurrence. Employeesaffected by the violence, the committee orrepresentative must all be notified of the actionstaken to prevent reoccurrence.

VWR, s. 13 and s. 14



NUNAVUTRelevant Statutes: Nunavut Act, S.C. 1993, c. 28

The Nunavut Act adopts as law ordinances of the Northwest Territories regarding occupational health and safety.






ONTARIO Relevant Statutes: Occupational Health and Safety Act, R.S.O.1990, c.O.1 [‘OHSA’]; as amended by the Occupational Health and Safety Amendment Act (Violence and Harrassment in the Workplace), 2009,S.O. 2009, c. 23 (amendments in force June 15, 2010).

B R O A D LY S P E A K I N G , W H AT ’ S C O V E R E D ?Definition ofWorkplace Violence

HazardAssessment Policies Reduction or Elimination of the Risk Instruction and Training

of WorkersResponse toIncidents

“Workplace harassment”means engaging in acourse of vexatiouscomment or conductagainst a worker in aworkplace that is knownor ought reasonably to beknown to be unwelcome.

“Workplace violence”means (a) the exercise ofphysical force by aperson against a workerin a workplace thatcauses or could causephysical injury to theworker; (b) an attemptto exercise physicalforce against a workerin a workplace thatcould cause physicalinjury to the worker; (c)a statement or behaviourthat it is reasonable for aworker to interpret as athreat to exercisephysical force against theworker, in a workplace,that could cause physicalinjury to the worker.

OHSA, s. 1(1)

Employers mustassess the risks ofworkplace violencethat may arisefrom the nature ofthe workplace, thetype of work or theconditions of work.Considerationmust be given tothe specificcircumstances ofthe workplace, theexperiences ofsimilar workplaces,and any otherrelevant elements.Assessment mustbe provided tohealth and safetycommittee ifwritten.

OHSA, s. 32.0.3(1) to (3)

Employers shallprepare a policy onworkplace violenceand a policy onworkplaceharassment, wherethere are more than5 workers regularlyemployed in theworkplace. Bothpolicies shall bereviewed asnecessary, but atleast annually.

OHSA, s. 32.0.1(1)

Employers shall develop and maintain a program to implement the violence andharassment policies. The violence program shall include measures and proceduresto control identified risks likely to expose a worker to physical injury, to summonimmediate assistance if violence or the threat of violence occurs, and set out howincidents will be investigated and dealt with. The harassment program shall includemeasures and procedures for workers to report incidents of workplace harassment,and set out how incidents and complaints of harassment will be investigated anddealt with.

OHSA, s. 32.0.2(1),(2) and s. 32.0.6(1), (2)

Specific right to refuse work if worker believes workplace violence is likely toendanger the worker. Until the work refusal investigation is complete, the workershall remain in a safe place as near as reasonably possible to his work station, andavailable to the employer or supervisor for purposes of investigation.

OHSA, s. 43(3)(b.1) and s. 43(5)

If an employer becomes aware, or ought reasonably to be aware, that domesticviolence (not defined) that would likely expose a worker to physical injury may occurin the workplace, the employer shall take every precaution reasonable in thecircumstances for the protection of the worker.

OHSA, s. 32.0.4

Employer shall provide aworker with informationand instruction oncontents of the policyand program withrespect to workplaceviolence and workplaceharassment.

This includes a duty toprovide information,including personalinformation asnecessary, related to arisk of workplaceviolence from a personwith a history of violentbehaviour, if the workercan be expected toencounter that person inthe course of his or herwork, and the risk ofworkplace violence islikely to expose theworker to physical injury.

OHSA, s. 32.0.5(2) to(4) and s. 32.0.7

Employers shalldevelop andmaintain aprogram withrespect toworkplaceviolence andharassment thatsets out howincidents,complaints orthreats ofworkplaceviolence orharassment willbe reported,investigated anddealt with.

OHSA, s. 32.0.2(2)(d) and s. 32.0.6(2)(b).



P.E.I. Relevant Statutes: Occupational Health and Safety Act, R.S.P.E.I. 1988, c. O-1.01, General Regulations, P.E.I. Reg. EC180/87 [‘GR’]




Violence means the threatened,attempted or actual exercise ofphysical force that may causeinjury to a worker, and includesany threatening statement orbehaviour that gives a workerreasonable cause to believethat he or she is at risk ofinjury.

GR, s. 52.1

Employers must conduct riskassessments to determinewhether or not a risk of injuryto workers from violence ispresent.

GR, s. 52.2

Employers must preparepolicies to address any risks toemployees discovered by therisk assessment process andprovide for mandatoryreporting of any incident.

GR, s. 52.3

Employers must eliminate orminimize the risk toemployees from violenceinsofar as possible.

GR, s. 52.3

Employers shall informworkers who may be exposedto violence in the workplace ofthe nature and extent of therisk. Unless otherwiseprohibited by law, this includesthe duty to inform workers of arisk of violence from personswho have a history of violentbehaviour and who may beencountered by a worker in thecourse of his or her work.

GR, s. 52.4(1) and (2)

Employers shall adviseworkers who are injured orhave adverse symptomsresulting from workplaceviolence to consult aphysician.

GR, s. 52.5

Employers must establishprocedures and policies forinvestigating incidents ofviolence in the workplace.

GR, s. 52.3



QUEBECRelevant Statutes: An Act Respecting Labour Standards, R.S.Q., c. N-1.1 [‘LS Act’], An Act Respecting Occupational Health and Safety, R.S.Q., c. 2-2.1 [‘OHS Act’] and Regulation Respecting Occupa-tional Health and Safety, c. S-2.1, 2. 19.01




“Psychological harassment”means any vexatiousbehaviour in the form ofrepeated and hostile orunwanted conduct, verbalcomments, actions orgestures, that affects anemployee’s dignity orpsychological or physicalintegrity and that results in aharmful work environment forthe employee. Violence is notdefined.

LS Act, s. 81.18(in effect since 2004)

General – Employers mustuse methods and techniquesintended for the identification,control and elimination of risksto the safety or health of theworker.

OHS Act, s. 51

General – Obligations toensure “working proceduresand techniques do notadversely affect the safety orhealth of the worker” and toensure that “methods andtechniques intended for theidentification, control andelimination of risks to thesafety or health of the worker.”

OHS Act, s. 51

Employers must takereasonable action to preventpsychological harassment and,whenever they become awareof such behaviour, to put astop to it.

LS Act, s. 81.19(in effect since 2004)

The OHS Act is very broad,providing that employers must give workers adequateinformation as to the risksconnected with their work andprovide them with appropriatetraining, assistance orsupervision to ensure theysafely perform the workassigned to them.

OHS Act, s. 51

Employers must inform theCommission of seriousinjuries or accidents within24 hours.

OHS Act, s. 62



SASKATCHEWANRelevant Statutes: Occupational Health and Safety Act, 1993, S.S. 1993, c. 0-1.1 [‘OHSA’], Occupational Health and Safety Regulations, 1996, R.R.S. c. O-1.1 [‘Regs’]The OHSA s. 14(1) violence provisions apply to health care facilities, pharmaceutical dispensing services, education services, police and or other law enforcement services, security services, crisis counsellingservices, establishments where alcoholic beverages are sold or consumed, financial services, retail establishments open between 11:00 p.m. and 6:00 a.m. taxi services, transit services. (see Regs, s. 37(2)).


Definition of Workplace Violence HazardAssessment Policies Reduction or Elimination

of the RiskInstruction and Training ofWorkers Response to Incidents

“Harassment” is any inappropriate conduct,comment, display, action or gesture based onrace, creed, religion, colour, sex, sexualorientation (or other listed grounds) thatadversely affects the worker’s psychological orphysical well-being; or constitutes a threat tothe worker’s health or safety. Must be repeatedconduct, or single incident causing lastingharmful effect.

OHSA, s. 2(1) and s. 2(3)

Harassment does not include any reasonableaction taken by an employer, or a manager orsupervisor, relating to management or directionof workers.

“Violence” is attempted, threatened or actualconduct of a person that causes or is likely tocause injury, and includes any threateningstatement or behaviour that gives a workerreasonable cause to believe that the worker is atrisk of injury.

Regs, s. 37(1)

Employers must develop andimplement a written policystatement to deal with potentiallyviolent situations after consultationwith OHS committee orrepresentative (or workers ifrepresentative is unavailable). Thepolicy statement must addresscertain issues prescribed in theregulations, and the employer mustensure that it is reviewed and,where necessary, revised everythree years and whenever there is achange of circumstances that mayaffect the health or safety ofworkers.

Regs, s. 37(3) and OHSA, s. 14(1)

Employers must also develop adetailed written policy to prevent harassment, which meets thespecifics of the Regs.

Regs, s. 36(1)

Employers must committo minimizing the risk ofviolence, including the useof personal protectiveequipment, administrativearrangements andengineering controls.

Regs, s. 37(3)

Employers must inform workers ofthe nature and extent of the riskfrom violence they face in theiremployment, including, wherepermitted, information in theemployer’s possession related tothe risk of violence from personswith a history of violent behaviourwhom workers are likely toencounter in the course of theirwork.

Employers must implement atraining program for workers that (a) equips workers to recognizepotentially violent situations;(b) minimizes risk to workers;(c) emphasizes the appropriateresponses to incidents of violence,including how to obtain assistance;and(d) implements a procedure forreporting violent incidents.

Regs, s. 37(3)

Employers mustimplement procedures forreporting violent incidentsand incidents ofharassment by workersand for thedocumentation andinvestigation of theincident by the employer.

Employers must adviseworkers reporting aninjury or adversesymptom as a result of anincident of workplace toconsult a physician.

Regs, s. 37(3)

Employers must credittime spent by workersattending trainingprograms as time at workor for seeking medicalattention in the event ofan incident.

Regs, s. 37(4)




YUKONRelevant Statutes: Occupational Health and Safety Act, R.S.Y. 2002, c. 159 [‘OHSA’]




Violence is not defined. Employers have a general dutyto ensure that the workplace issafe and without risks to theemployees health.

OHSA, s. 3

Employers have a general dutyto ensure that work techniquesand procedures are adoptedand used that will prevent orreduce the risk of occupationalillness and injury.

OHSA, s. 3

Employers must ensure thatworkers are given necessaryinstruction and training and areadequately supervised.

OHSA, s. 3

Employers must also instructemployees, as per the Act, thatno person shall engage in anyimproper activity or behaviourthat might create or constitutea hazard to themselves or anyother worker. Improper activityis defined as includinghorseplay, scuffling, fighting,practical jokes, unnecessaryrunning or jumping, or similarconduct.

OHSA, s. 11

Employees have a general dutyto report any hazard or anyaccident or injury that occursin the course of their work totheir supervisor.

OHSA, s. 9

Employers must reportserious injuries andaccidents immediately, or assoon as reasonablypracticable, and give noticeto a safety officer of theinjury or accident.

OHSA, s. 30

Current to November 2010The assistance of Samantha Seabrook, Heenan Blaikie, Toronto office, in the preparation of this article is gratefully acknowledged.


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Canadian OH&S Related Workplace Violence, Harassment ... · BRITISH COLUMBIA Relevant Statutes: Workers Compensation Act, R.S.B.C. 1996, c. 492 and Occupational Health and Safety