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FIVE PRACTICAL WORKPLACE APPLICATIONS OF BILL 168. ARH & ASSOC. HUMAN RESOURCES CONSULTANTS. RISK ASSESSMENT. EMPLOYERS ARE REQUIRED TO CONDUCT A RISK ASSESSMENT TO DETERMINE THE RISKS OF WORKPLACE VIOLENCE
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FIVE PRACTICAL WORKPLACE APPLICATIONS OF BILL 168 ARH & ASSOC. HUMAN RESOURCES CONSULTANTS
RISK ASSESSMENT • EMPLOYERS ARE REQUIRED TO CONDUCT A RISK ASSESSMENT TO DETERMINE THE RISKS OF WORKPLACE VIOLENCE • THE RESULTS OF THE ASSESSMENT WILL BE REPORTED TO THE OCCUPATIONAL HEALTH AND SAFETY COMMITTEE
WRITTEN POLICIES AND IMPLEMENTATION PROGRAM • THE BILL 168 AMENDMENTS TO THE OHSA REQUIRE EMPLOYERS TO DEVELOP POLICIES, POST A POLICY REGARDING WORKPLACE HARASSMENT AND CREATE A PROGRAM TO IMPLEMENT THAT POLICY., • THE PROGRAM TO IMPLEMENT THE WORKPLACE HARASSMENT POLICY MUST INCLUDE MEASURES AND PROCEDURES FOR EMPLOYEES TO REPORT INCIDENTS • THE EMPLOYER MUST ALSO SET OUT WAYS TO INVESTIGATE WORKPLACE HARASSMENT
EXTENSION OF EXISTING HEALTH AND SAFETY OBLIGATIONS TO WORKPLACE VIOLENCE • BILL 168 AMENDMENTS EXTEND THE OBLIGATIONS CONTAINED IN SECTION 25 OF THE OHSA, WHICH REQUIRES EMPLOYERS TO PROVIDE INFORMATION AND TRAINING, AND SECTION 27 OF THE OHSA WHICH IMPOSES ON A SUPERVISOR THE DUTY TO ADVISE WORKERS OF ANY POTENTIAL HAZARD, TO APPLY IN SITUATIONS OF WORKPLACE VIOLENCE
EXTENSION OF EXISTING HEALTH AND SAFETY OBLIGATIONS TO WORKPLACE VIOLENCE • THE RIGHT TO REFUSE WORK HAS BEEN EXTENDED UNDER THE LEGISLATION. CURRENTLY UNDER SECTION 43 OF THE OHSA AN EMPLOYEE HAS THE RIGHT TO REFUSE UNSAFE WORK. • THIS IS NOW EXTENDED TO AN EMPLOYEE WHO BELIEVES THAT WORKPLACE VIOLENCE IS LIKELY TO ENDANGER HIM OR HER. • IT SHOULD BE NOTED THAT THE RIGHT TO REFUSE WORK HAS NOT BEEN EXTENDED TO COVER A SITUATION OF WORKPLACE HARASSMENT
DOMESTIC VIOLENCE IN THE WORKPLACE • ONTARIO FIRST PROVINCE TO ADDRESS DOMESTIC VIOLENCE • THE AMENDEMENTS TO THE OHSA: IF AN EMPLOYER IS AWARE OF OR OUGHT TO BE AWARE THAT DOMESTIC VIOLENCE WILL LIKELY EXPOSE A WORKER TO PHYSICAL INJURY IN THE WORKPLACE. • THE EMPLOYER MUST TAKE EVERY REASONABLE PRECAUTION TO PROTECT THE WORKER
DISCLOSE RISKS OF VIOLENCE TO EMPLOYEES • THE NEW AMENDMENTS REQUIRE EMPLOYERS TO PROVIDE INFORMATION, INCLUDING PERSONAL INFORMATION, RELATED TO A RISK OF WORKPLACE VIOLENCE FROM A PERSON WITH A HISTORY OF VIOLENT BEHAVIOUR • EMPLOYERS ARE LIMITED TO DISCLOSING ONLY PERSONAL INFORMATION THAT IS REAONABLY NECESSARY TO PROTECT THE WORKER FROM INJURY
JUNE 15, 2010 – BILL 168 WAS LAW • WHERE ARE YOU AT IN THE PROCESS?