June 15, 2010 - Violence and Harassment and Domestic Violence Policies and Programs are cited in Section 32 of the Occupational Health and Safety Act. It affects you if you have an employee.
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The safety of young and new workers will be the focus of a four-month enforcement blitz across Ontario beginning in May 2010.
Health and safety inspectors at the Ministry of Labour will check to ensure young and new workers:
* Are properly oriented, trained and supervised on jobs. * Meet minimum age requirements. * Are protected by safety measures to prevent injuries.
Particular attention will be focused on workplaces where many young and new workers are employed, including stores, wholesalers, restaurants and vehicle sales.
Contact us now to subscribe to the HRNC web-site and receive the forms, policy and employee handbook templates you will need to make managing your company's employees easy!
The Ontario Legislature has passed amendments to the Occupational Health and Safety Act (OHSA) to help protect workers against workplace violence. The legislation will go into effect six months after Royal Assent.
The legislation not only enhances protections against workplace violence, but also addresses workplace harassment. It applies to all Ontario workplaces currently covered by the OHSA.
Background
Both workplace violence and workplace harassment can have tremendous consequences for society, workers and their families. They can also lead to increased costs for employers, increased absences from work and lower productivity.
A 2004 Statistics Canada survey entitled Criminal Victimization in the Workplace found 17 per cent of violent incidents in Canada occur at the workplace. This represents about 356,000 incidents of workplace violence in a 12-month period across Canada.
The Ministry of Labour currently addresses issues of workplace violence that fall within the jurisdiction of the OHSA through enforcement of an employer's general duties, such as the duty to take every precaution reasonable in the circumstances for the protection of a worker.
Between April 1, 2008 and March 31, 2009, inspectors made 417 field visits and issued 351 OHSA orders related to violence in the workplace.
In the Fall of 2008, the Ministry of Labour held a public consultation to review the OHSA requirements that related to workplace violence and to assess whether those requirements needed to be clarified or enhanced.
Amendments
The primary purpose of the OHSA is to protect workers from hazards in the workplace, including hazards involving workplace violence. All employers have a general duty under the OHSA to take every reasonable precaution in a given situation to protect their workers. They must also provide information, instruction and supervision to workers to protect their health and safety.
The definitions of workplace violence and harassment are broad enough to capture violence or harassment directed toward a worker at a workplace from any person, including customers, clients, patients, co-workers, friends, current or former family members and strangers.
The amendments include:
* New definitions of workplace violence and workplace harassment *A requirement for employers to prepare policies on workplace violence and harassment and develop and maintain programs to implement them * A requirement for employers to assess the risks of workplace violence based on the nature of the workplace and type or conditions of work, and develop measures and procedures to control them * A right for workers to refuse work if they believe they are at risk of physical injury due to possible workplace violence * A requirement for employers who are aware of the potential for domestic violence in a workplace to take reasonable precautions to protect the workers who are at risk of physical injury * A requirement for employers and supervisors to alert certain workers of the risk of workplace violence from persons with a history of violent behaviour. Employers and supervisors must provide workers who may encounter such persons at work with as much information, including personal information, as needed to protect the workers from physical injury and * A requirement for the workplace's Joint Health and Safety Committee and others to be notified if a worker is disabled or needs medical attention due to workplace violence.
Enforcement
Health and safety inspectors for the Ministry of Labour will enforce the new workplace violence and harassment provisions in the OHSA. The amendments do not affect the work of police, who will continue to deal with violent individuals and matters under the Criminal Code.
The ministry is currently working with its partners in the occupational health and safety system, as well as with the Ontario Women's Directorate, to develop resources and tools to provide support for employers and workers and raise public awareness of rights and responsibilities concerning workplace violence and harassment.
Workplace violence and harassment will be issues considered in the development of the ministry's Safe At Work Ontario compliance strategy.
Safe At Work Ontario seeks to:
* improve workplace health and safety culture * reduce workplace injuries and illness * reduce the burden on the health care system * avoid costs for employers and the Workplace Safety and Insurance Board, and * provide a level playing field for compliant companies
Did you know that failure of an individual to follow the Occupational Health and Safety Act and its regulations could result in a personal fine or penalty of up to $25,000?
Did you know that failure of a corporation to follow the Occupational Health and Safety Act and its regulations could result in a fine or penalty of up to $500,000?
Did you know that all employees must have government deductions of income tax, employment insurance and Canada Pension Plan taken off at source? Failure to comply could mean penalties and interest charged against you.
Did you know that all employers must have a policy in place regarding violence in the workplace? Bill 168 amended the Ontario Health & Safety Act to assure policy compliance from businesses and it became law in the OH&S Act.
FINES AND PENALTIES FOR NOT COMPLYING WITH THE OHSA:
2010
AUGUST
MMFX Steel of Canada Inc. Fined $120,000 Total After Worker Killed August 20, 2010
Maple Leaf Consumer Foods Inc. Fined $100,000 After Worker Injured August 11, 2010
Homebuilder and Drywall Company Fined $100,000 Total After Worker Injured August 11, 2010
Arcelormittal Dofasco Inc. Fined $100,000 After Worker Injured
Hamilton, Ont. - Arcelormittal Dofasco Inc., a Hamilton-based company, was fined $100,000 on July 28, 2010, for violating the Occupational Health and Safety Act after a worker was injured.
August 6, 2010 | Ministry of Labour
JULY
Greenhouse Manufacturer Fined $60,000 After Worker Injured
July 29, 2010 | Ministry of Labour
Cement Contractor Fined $90,000 After Worker Killed Windsor, Ont. - Bravo Cement Contracting (Windsor) Inc., a Windsor-based cement pouring and installation company, was fined $90,000 on July 21, 2010, for a violation under the Occupational Health and Safety Act (OHSA) after a worker was killed. July 23, 2010 2:50 PM | Ministry of Labour
Admiral Welding & Mfg. Inc. Fined $40,000 After Student Injured St. Catharines, Ont. - Admiral Welding & Mfg. Inc., a Beamsville-based company, was fined $40,000 on July 16, 2010, for violating the Occupational Health and Safety Act after a co-op student was injured. July 23, 2010 2:20 PM | Ministry of Labour
Wal-Mart Canada Corp. Fined $120,000 For Health And Safety Violations St. Catharines, Ont. - Wal-Mart Canada Corp., a Mississauga-based company, was fined $45,000 on June 23, 2010, and $75,000 on July 16, 2010, for violations of the Occupational Health and Safety Act. July 22, 2010 4:20 PM | Ministry of Labour
Res 2000 Structures Inc. And Worker Fined $90,000 After Worker Seriously Injured Niagara Falls, Ont. - Res 2000 Structures Inc., a Cookstown-based company, was fined $85,000 and Tony Cristao, a worker, was fined $5,000 on July 19, 2010, for violating the Occupational Health and Safety Act after a worker was injured. July 21, 2010 4:30 PM | Ministry of Labour
Welded Tube Of Canada Fined $140,000 After Worker Critically Injured Newmarket, Ont. - Welded Tube of Canada, a Concord-based company, was fined $140,000 on July 16, 2010, for violating the Occupational Health and Safety Act after a worker was injured. July 21, 2010 4:00 PM | Ministry of Labour
Paper Fibres Inc. Fined $100,000 After Worker Seriously Injured Brampton, Ont. - Paper Fibres Inc., a Mississauga-based company, was fined $100,000 on July 13, 2010, for violating the Occupational Health and Safety Act after a worker was seriously injured. July 16, 2010 2:40 PM | Ministry of Labour
Two Companies And Supervisor Fined $116,000 For Health And Safety Violation Cornwall, Ont. - Paris Holdings (2113467 Ontario Inc.) and Sergerie Mechanical (1633777 Ontario Inc.), both Cornwall-based companies, were fined $60,000 and $50,000 respectively on July 14, 2010, for violations of the Occupational Health and Safety Act that caused injuries to a worker. Supervisor Tim Sergerie was fined $6,000 for a related offense. July 16, 2010 11:45 AM | Ministry of Labour
Furfari Paving Co. Ltd. Fined $110,000 After Worker Killed Brampton, Ont. - Furfari Paving Co. Ltd., a Toronto-based company, was fined $110,000 on July 13, 2010, for a violation of the Occupational Health and Safety Act after a worker was killed. July 16, 2010 11:45 AM | Ministry of Labour
Metro Ontario Inc. Fined $100,000 After Worker Injured North Bay, Ont. - The grocery store operator Metro Ontario Inc. was fined $100,000 on July 9, 2010, for a violation of the Occupational Health and Safety Act that caused an injury to a worker. July 13, 2010 12:00 PM | Ministry of Labour
Kone Inc. Fined $90,000 After Worker Injured London, Ont. - Kone Inc., an elevator and escalator manufacturer, was fined $90,000 on July 7, 2010, for a violation of the Occupational Health and Safety Act that caused an injury to a worker. July 12, 2010 3:30 PM | Ministry of Labour
Paper Mill Owner-Operator Fined $125,000 After Workers and Student Injured Fort Frances, Ont. - Abitibi Consolidated Company of Canada, owner and operator of a paper mill in Fort Frances, was fined $125,000 on July 9, 2010, for a violation of the Occupational Health and Safety Act that caused injuries to two workers and a student. July 12, 2010 3:25 PM | Ministry of Labour
Tri City Materials Ltd. Fined $60,000 After Worker Injured Kitchener, Ont. - Tri City Materials Ltd., a company that works with aggregates, was fined $60,000 on July 6, 2010, for a violation of the Occupational Health and Safety Act that caused an injury to a worker. July 12, 2010 3:20 PM | Ministry of Labour
Preventing Heat Stress In The Workplace Ontario is encouraging employers and workers to learn how to protect themselves from heat stress. July 6, 2010 6:00 AM | Ministry of Labour
Statement By Peter Fonseca, Minister Of Labour Regarding Labour Dispute Between Vale and the United Steelworkers I am pleased, that after almost a year of intense negotiations and mediation, the parties in the labour dispute between Vale and the United Steelworkers locals 6200 and 6500 have reached a tentative agreement this weekend. This is positive news for the families and communities affected by this long strike. July 4, 2010 9:20 PM | Ministry of Labour
Statement By Peter Fonseca, Minister Of Labour Today I met with both parties in the strike between Vale and the United Steelworkers locals 6200 and 6500 urging them to resume talks right away. July 2, 2010 4:25 PM | Ministry of Labour
