Legislative Update: Bill 168 Passed

In the Summer issue, we reported on proposed changes to the Occupational Health and Safety Act that would create onerous obligations for employers relating to the prevention of workplace violence. Bill 168, which was introduced in April 2009, was carried on division after its third reading on December 9th, 2009. It will come into force six months after it receives Royal Assent.

Outlined below are the significant changes that have been made to the final version of Bill 168.

Definition of Workplace Violence

The original version of the Bill defined workplace violence narrowly as actual and attempted uses of physical force in the workplace. The amendments as passed expand this definition to include “a statement or behavior that it is reasonable for a worker to interpret as a threat to exercise physical force against the worker, in the workplace, that could cause physical injury to the worker”. However, the amendments continue to apply only to actual or threatened physical violence, and not to psychological or emotional harm caused in the workplace.

Program to Implement the Workplace Violence Policy

Bill 168 originally required employers to create a workplace violence policy and an implementation program for that policy that contained measures and procedures for dealing with both actual incidents of workplace violence, and mere threats of violence. The final version of the Bill, however, only requires employers to develop procedures for dealing with actual occurrences of workplace violence.

Inspectors’ Authority

The final version of Bill 168 adds sections 55.1 and 55.2 to the Act. These provisions give inspectors the authority to make orders requiring that an employer’s workplace violence and harassment policies, as well as any assessments and re-assessments that they make regarding the risks of violence, be put in writing and/or posted in the workplace.

With the exception of the change to the requirements for creating a workplace violence policy implementation program, the final version of Bill 168 adds to the significant workplace violence prevention obligations.