Facility Forum - Spring 2018 - 11

STAFF & MANAGEMENT

Combatting Workplace
Violence and Harassment:

Four Tips
for Employers

By Hina Saeed and Jamie Knight, Filion Wakely Thorup Angeletti LLP

O

ne of the most significant risks to the health
and safety of employees is the presence
of workplace violence and harassment.
Inappropriate behaviours - even if they
appear to be relatively minor - may have
significant consequences and may escalate quickly into serious problems, so it
is important for employers to recognize and address these
unwanted behaviours right from the outset.
The Occupational Health and Safety Act (OHSA) sets out the
duties of employers in respect of workplace violence and
workplace harassment, which includes sexual harassment.
Here are four guidelines to ensure you satisfy your obligations under the OHSA.

1

Develop workplace violence and
harassment policies.

Employers must prepare workplace violence and harassment
policies, which reflect the relatively recent Bill 132 and 168
amendments to the OHSA.
In a workplace where there are six or more regularlyemployed workers, the policies must be in written form and
should be posted at a conspicuous place in the workplace.
The policies should be reviewed as often as is necessary, but
at least annually.

2

Set up programs to implement policies.

Employers must also develop written programs to
implement their workplace violence and harassment policies.
These programs must include measures and procedures to
report incidents of workplace violence and harassment and
to investigate and respond to such incidents or complaints.
The programs should be developed in consultation with the
joint health and safety committee or representative, and, like the
policies themselves, they should be reviewed at least annually.

3

Assess risks for workplace violence.

Employers are obligated to complete frequent workplace assessments, taking into account all possible situations

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that pose a risk of violence to its employees. Such violence
may arise from a number of predisposing factors such as the
nature of the workplace and the type and conditions of work.
The risk assessment should be done in writing, and it must
be shared with the joint health and safety committee or representative. If there is no committee or representative, the
employer must advise its employees of the assessment results.

4

Conduct an investigation and keep
detailed records.

An employer must ensure that a thorough and appropriate
investigation is conducted into any incident or complaint of
workplace violence and harassment.
It is important to assign a competent person to conduct the
investigation, or consider using an experienced independent
investigator. The results of the employer's investigation, and
any corrective action, must be relayed in writing to the relevant parties.
Employers should also keep detailed records of all complaints of violence and harassment, as well as of the investigation process.
As is evident from recent headlines, harassment is not a joke.
Now, more than ever, employers should stress the importance
of a workplace free from harassment, bullying, intimidation,
and any form of violence. Appropriate conduct and respect
in the workplace is not just a good idea, it is a fundamental
legal requirement.
When developing policies and programs relating to workplace
violence and harassment, we recommend that you consult
your labour and employment lawyer to ensure compliance
with applicable legislation.
■
Hina Saeed is an associate lawyer in Filion Wakely Thorup
Angeletti LLP's Hamilton office. Jamie Knight is a partner in the
firm and was selected as Employment Lawyer of the Year for 2017
by the Canadian HR Reporter. Filion Wakely Thorup Angeletti
LLP is a labour and employment law firm dedicated to serving
employers' needs. Contact Hina at hsaeed@filion.on.ca or Jamie
at jknight@filion.on.ca.
FACILITY FORUM | 11


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Table of Contents for the Digital Edition of Facility Forum - Spring 2018

Safe Ice Resurfacer Operations Online
Addressing Violence & Harassment in Recreational Facilities
Combatting Workplace Violence & Harassment: Four Tips for Employers
With Irrigation: Green = Safer
AODA for the Facility Manager
Truth, Reconciliation, Cemeteries
ORFA Professional Designations
Aquatics and Autism Spectrum Disorders
Energy Champion – The Engine to Excel
ORFA Awards & Recognition
Emergency Evacuations
Recreation Facilities Asset Management (RFAM)
Member Profile – Terry Vachon, General Manager Parks, Culture and Recreation, Clearview Township
Annual Professional Development & EXPO
FACTS: Arena Figure Skating Accident Claim Study
A Post Mortem of a Community’s Declared Recreation Facilities Emergency
Bump Testing Ammonia Sensors
Index of Advertisers
Facility Forum - Spring 2018 - Intro
Facility Forum - Spring 2018 - cover1
Facility Forum - Spring 2018 - cover2
Facility Forum - Spring 2018 - 3
Facility Forum - Spring 2018 - 4
Facility Forum - Spring 2018 - 5
Facility Forum - Spring 2018 - 6
Facility Forum - Spring 2018 - Safe Ice Resurfacer Operations Online
Facility Forum - Spring 2018 - Addressing Violence & Harassment in Recreational Facilities
Facility Forum - Spring 2018 - 9
Facility Forum - Spring 2018 - 10
Facility Forum - Spring 2018 - Combatting Workplace Violence & Harassment: Four Tips for Employers
Facility Forum - Spring 2018 - 12
Facility Forum - Spring 2018 - With Irrigation: Green = Safer
Facility Forum - Spring 2018 - 14
Facility Forum - Spring 2018 - 15
Facility Forum - Spring 2018 - AODA for the Facility Manager
Facility Forum - Spring 2018 - 17
Facility Forum - Spring 2018 - Truth, Reconciliation, Cemeteries
Facility Forum - Spring 2018 - 19
Facility Forum - Spring 2018 - ORFA Professional Designations
Facility Forum - Spring 2018 - 21
Facility Forum - Spring 2018 - 22
Facility Forum - Spring 2018 - Aquatics and Autism Spectrum Disorders
Facility Forum - Spring 2018 - 24
Facility Forum - Spring 2018 - Energy Champion – The Engine to Excel
Facility Forum - Spring 2018 - 26
Facility Forum - Spring 2018 - 27
Facility Forum - Spring 2018 - ORFA Awards & Recognition
Facility Forum - Spring 2018 - Emergency Evacuations
Facility Forum - Spring 2018 - Recreation Facilities Asset Management (RFAM)
Facility Forum - Spring 2018 - 31
Facility Forum - Spring 2018 - 32
Facility Forum - Spring 2018 - Member Profile – Terry Vachon, General Manager Parks, Culture and Recreation, Clearview Township
Facility Forum - Spring 2018 - 34
Facility Forum - Spring 2018 - 35
Facility Forum - Spring 2018 - Annual Professional Development & EXPO
Facility Forum - Spring 2018 - FACTS: Arena Figure Skating Accident Claim Study
Facility Forum - Spring 2018 - A Post Mortem of a Community’s Declared Recreation Facilities Emergency
Facility Forum - Spring 2018 - 39
Facility Forum - Spring 2018 - 40
Facility Forum - Spring 2018 - 41
Facility Forum - Spring 2018 - 42
Facility Forum - Spring 2018 - Bump Testing Ammonia Sensors
Facility Forum - Spring 2018 - 44
Facility Forum - Spring 2018 - 45
Facility Forum - Spring 2018 - Index of Advertisers
Facility Forum - Spring 2018 - cover3
Facility Forum - Spring 2018 - cover4
Facility Forum - Spring 2018 - outsert1
Facility Forum - Spring 2018 - outsert2
Facility Forum - Spring 2018 - outsert3
Facility Forum - Spring 2018 - outsert4
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