Bill 168 amends the Occupational Health and Safety Act (OHSA) to require worker protection from violence and harassment in the workplace, came in effect June 15, 2010.

“Workplace harassment” means, 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.

“Workplace violence” means, 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 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. Intentional or unintentional physical force is considered workplace violence.

Violence in the workplace is complex.  Factors that can cause workplace violence to erupt include alcohol and drug abuse; financial crises related to job loss, gambling, bad investments, or credit-card debt; and mental illnesses that have a wide variety of causes. Emotional strain and mental illness lessen a person's ability to cope with difficulties such as family or relationship problems or mistreatment (real or perceived) by others. Combinations of factors such as these can cause more stress, anger, fear, or despair than an individual may be able to handle in a manner less harmful and more appropriate than violence.

Under Bill 168, employers are required to develop, train staff, complete a risk assessment staff survey and maintain a program to implement workplace violence and harassment policies.

There are a few steps involved in creating a program/policy:

1. Assign a Workplace Coordinator in respect to Workplace Violence and Harassment (both can be closely related, as one may lead to the other). The Workplace Coordinator can effectively resolve threats or acts of violence. Depending on your resources, he/she may be assigned assistance from these areas: security, human resources, legal or medical services or your employee assistance program, and safety function. In addition to internal resources, external assistance may also be provided, including psychologists, psychiatrists, or threat-assessment experts.
2. Carry out Workplace Violence Risk and Hazard Assessments determine if the risk of workplace violence exists in your workplace, identify the violence related hazards and required controls.
3. Develop a written policy with respect to workplace violence (NOTE: Bill 168 requires two separate policy statements - One to address Workplace Violence and one to deal with Workplace Harassment). It is a common misunderstanding that they may be combined into one policy statement).
4. Educate & train staff. Employers are required to provide information and instruction on the contents of the policy and program with respect to workplace violence and harassment. The information and instruction must be appropriate and relevant for the individual worker and should be individualized to be most effective. To make your workplace violence-prevention plan effective, employees at all levels must know about the potential for violence in the workplace and be aware of and understand your organization’s policies and procedures.
5. Post policies (and amendments) on your website and review those policies at least once per year. Once the elements described above are in place, the employer is ready to develop and maintain a program to implement the policy and to deal with incidents and complaints of workplace violence.