Bill 168: WB’s Approach to Compliance

By Cindy Basilio, Office Manager & Jerry Cunningham, Manager of Administration
From the WB Condo Connection – Volume 2, Issue 3
Bill 168, now in effect in Ontario, amends the Occupational Health and Safety Act (OHSA) to strengthen protections for employees from workplace violence and workplace harassment.
Employers who regularly employ more than five staff members are now required to take specific actions to address workplace violence and harassment by:

• Carrying out a risk assessment to identify potential sources of workplace violence and harassment.

• Develop and post policies to address workplace violence and harassment.

• Training employees about the new policies including procedures for employees to report incidents of workplace violence/harassment and how the employer will investigate and deal with the incidents or complaints.

• Disclosing an employee’s history of violence to his or her co-workers.

• Preparing to protect an employee from domestic violence in the workplace.

• Allowing employees to refuse work if they have a reason to believe they are in danger from workplace violence.

This Bill also introduces new definitions for Workplace Violence and Workplace Harassment:
Workplace violence is now defined 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.

• An attempt to exercise physical force against a worker, in a workplace, that could cause physical injury to the worker.

• A statement or behaviour that it is reasonable for a worker to interpret as a threat to exercise physical force against the worker, in a workplace, that could cause physical injury to the worker.

Workplace harassment is now defined as:

• Engaging in a course of comments or conduct against a worker in a workplace that is known or ought reasonably to be known to be unwelcome.

This may include bullying, intimidating or offensive jokes or innuendos, displaying or circulating offensive pictures or materials, or offensive or intimidating phone calls.
The full draft of Bill 168 can be found at (note this link has been removed by the Ontario Government…) under Bills & Lawmaking.
Wilson, Blanchard Management Inc., as part of the company’s compliance efforts, is performing risk assessments of violence in our workplaces, updating and strengthening our current policies regarding workplace violence and workplace harassment as well as implementing new policies by creating programs to control, mediate, address, report, and investigate workplace violence / harassment.
We have provided information to our staff on the contents of our policies and are working collectively to identify and establish measures and procedures for all our employees to report incidents of workplace violence/ harassment and how Wilson, Blanchard Management Inc. will deal with any incidents or complaints.
Employees have the right to refuse work if they have a reason to believe they are in danger from workplace violence. A condominium corporation, the same as any employer that employs more than five workers on a regular basis are also subject to the provisions outlined in Bill 168, which includes preparing policies pertaining to workplace harassment and workplace violence prevention, completing a risk assessment, establishing policies and procedures and training employees on these policies.
Your property manager will work with you to help your condominium corporation become compliant with Bill 168 as it applies to your circumstances. Although we have many measures currently in place, this new legislation requires our company to outline and implement specific procedures when dealing not only with our own staff, but also clients, contractors, visitors, owners, tenants, etc. Nothing can guarantee an employee will not become a victim to workplace violence and harassment; however, through awareness, training and maintaining a zero tolerance policy, this proactive approach will reduce the risks and provide a safe and positive work environment.