In accordance with changes in Bill 168, the Ontario Health and Safety Act requires all Corporation to have a Policy and a Program against harassment and violence in the workplace for all its workers (employees, contractors, long-time service providers, etc.). The Board of Directors adopted such a policy on 6 June 2013. You can read the policy here.
What is Workplace Violence?
The Ontario Occupational Health and Safety Act defines “workplace violence” as the exercise of physical force by a person against a worker, in a workplace, that causes or could cause physical injury to the worker.
The following conduct also constitutes workplace violence:
(i) an attempt to exercise physical force against a worker, in a workplace, that could cause physical injury to the worker, and
(ii) a statement or behaviour that a worker could reasonably interpret as a threat to exercise physical force against the worker, in a workplace, that could cause physical injury to the worker.
What is Workplace Harassment?
“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”. This includes comments or actions in the workplace that negatively affect working relationships or productivity or create a poisoned work environment.
Harassment may occur as one incident or a series of incidents involving unwelcome comments or conduct.
Workplace harassment includes psychological or personal harassment and bullying, as well as comments and conduct prohibited under the grounds stipulated in the Ontario Human Rights Code. Sexual harassment is a form of workplace harassment.
Examples of harassing behavior prohibited under this policy are:
• verbal abuse or inappropriate displays of anger;
• bullying;
• comments or actions that constitute harassment or discrimination under the Ontario Human Rights Code, including but not limited to sexual harassment and harassment or discrimination based on an individual’s race, colour, religion, gender, sexual orientation, national origin, age or disability;
• the display, circulation or electronic transmission of pornographic, racist, or other offensive or derogatory text or pictures;
• conduct that interferes with a person’s work performance or creates an intimidating, hostile or offensive work environment;
• unfounded complaints that are made in bad faith, in reprisal, frivolously or with malicious intent;
• interfering with a workplace violence or harassment investigation; intimidating a complainant, respondent or witness or influencing a person to give false or misleading information;
• any other inappropriate, negative, disrespectful, or unprofessional treatment of others; and/or
• failure of individuals in positions of authority to respond in accordance with this Policy to incidents of misconduct or allegations of discrimination or harassment. Such failure may be considered as condoning such behavior and therefore a violation of this Policy.