First Reference Talks

Landmark decision gives insight into workplace harassment and employer reprisal

Friday, October 21st, 2011

The Ontario Labour Relations Board has provided what some believe to be the most significant legal interpretation yet of workplace harassment and employer reprisal in the context of the recently enacted Bill 168 amendments to the Occupational Health and Safety Act (OHSA). The case, Conforti v. Investia Financial Services Inc., 2011, was decided on September 23, 2011.

Tags: Bill 168, compliance, discipline, employment law, harassing email, occupational health and safety act, OHSA, ontario, reprisal, right to refuse work, risk assessment, termination, termination for cause, termination for harassment complaint, vexatious comment or conduct, whistleblowing, workplace harassment, workplace harassment investigation, workplace violence
Posted in Employee Relations, Finance and Accounting, Health and Safety, Human Resources, Human Rights, Internal Controls | Make a Comment »

Does over-sensitivity lead to harassment? The preventive value of respect

Tuesday, October 11th, 2011

“Excessive claims of workplace harassment are a sign that our society has become far too sensitive and it really needs to stop.” This is the message I received from workshop participants this week during a group discussion on the topic of the prevention of workplace harassment and discrimination. But is it true?

Tags: Bill 168, discrimination, employment law, harassment, harassment prevention, healthy workplaces, human rights code, illness, lost time, offensive speech, OHSA, Ontario Occupational Health and Safety Act, over-sensitive, respect, sexism, stress, workplace harassment, workplace violence
Posted in Employee Relations, Health and Safety, Human Resources, Human Rights | 2 Comments »

Employers must now treat verbal threats as serious offences under the OHSA’s definition of workplace violence

Wednesday, September 14th, 2011

A recent labour arbitrator’s decision—to uphold the City of Kingston’s right to terminate a 28-year employee for issuing a verbal threat against a co-worker—was based in large part on the arbitrator’s view that “the classification of threatening language as workplace violence” under the Occupational Health and Safety Act represents a “clear and significant change” to the law in Ontario.

Tags: Bill 168, employment law, inappropriate language, occupational health and safety act, OHSA, ontario, Ontario Labour Relations Act, proportionality, safe workplace, security, termination for cause, threat, threat of violence, uttering threats, verbal threats, violence, workplace harassment, workplace investigation, workplace violence
Posted in Employee Relations, Health and Safety, Human Resources, Human Rights, Internal Controls | 2 Comments »

Workplace violence and privacy: what’s the connection?

Tuesday, June 28th, 2011

So here’s a question to ask yourself—what are your legal obligations under Ontario law when you see an online photo of your worker committing violent acts?

Tags: 12th Annual Ontario Employment Law Conference, Bill 168, employment law, facebook, harassment, health and safety, Kelly McDermott, occupational health and safety act, OH&S, OHSA, ontario, policies and procedures, Rioting, social media, Stanley Cup playoffs, Stringer Brisbin Humphrey, termination, twitter, workplace harassment, workplace violence, wrongful dismissal
Posted in Conferences, Health and Safety, Human Resources, Privacy and Security | Make a Comment »

A true tale of a real-life industrial accident

Monday, June 13th, 2011

The Occupational Health & Safety Act (OHSA) is very clear on the many, many responsibilities employers have for ensuring the safety and well being of their workers. However, not listed in the OHSA is the duty to follow your gut instincts or the duty to lead by example.

Tags: competent supervisors, emergency situation, first aid, health and safety legislation, industrial accident, Occupational Health & Safety Act, OHSA, protective equipment and devices, safety responsibilities, safety training, young and inexperience workers
Posted in Health and Safety, Human Resources | Make a Comment »

Bill 168, workplace violence and harassment provisions in OHSA – A year in review – Learn the latest

Wednesday, May 25th, 2011

Nearly one year ago, the Ontario government enacted Bill 168, which added workplace violence and harassment provisions to the Occupational Health and Safety Act. Many employers were ready, but many are still scrambling to comply, which, among other things, includes developing written policies to address both violence and harassment at work and to review those policies at least once a year.

Tags: Bill 168, Due diligence, employment law, measures and procedures, MOL inspections, non-compliance, occupational health and safety act, OHSA, Ontario Ministry of Labour, policies and programs, risk assessments, training, Training of employees, workplace harassment, workplace violence, workplace violence and harassment, written policies
Posted in Conferences, Health and Safety, Human Resources | Make a Comment »

Listen to your employees and reduce your workload!

Tuesday, May 24th, 2011

The Occupational Health & Safety Act (OHSA) requires that when conducting a workplace violence risk assessment you take into account both the nature of your workplace and type of work you perform…

Tags: Bill 168, canadian employment law, employment law, harassment and violence policy, occupational health and safety act, OH&S, OHSA, ontario, policies and procedures, risk assessment, safety, training, training workshops, workplace violence, workplace violence risk assessment
Posted in Employee Relations, Health and Safety, Human Resources | Make a Comment »

Organization fined for violating OHSA after a worker was injured

Friday, February 25th, 2011

The Ontario Ministry of Labour recently emailed their latest Court Bulletin indicating that a company that makes plastic auto parts received a hefty fine of $50,000 for violating the Occupational Health and Safety Act after a worker was injured.

Tags: Court Bulletin, employment law, health and safety policy, Health and safety violations, hefty fine, injured workers, investigation, lift-truck operator, Ministry of Labour, OHSA, ontario, Policy and procedure, Provincial Offences Act, vicitm fine surcharge, workplace hazards
Posted in Health and Safety, Human Resources | Make a Comment »

Independent contractors are regularly employed for purposes of OHSA

Friday, January 21st, 2011

The Ontario Court of Appeal just rendered an interesting decision regarding whether independent contractors are to be counted when determining the need to establish and maintain a joint health and safety committee pursuant to subsection 9(2)(a)of Ontario’s Occupational Health and Safety Act.

Tags: Court of Appeal, employment law, independent contractors, JHSC, joint health and safety committee, occupational health and safety act, OHSA, ontario, Ontario Ministry of Labour, regularly employed, training, truck drivers, workplace
Posted in Health and Safety, Human Resources | Make a Comment »

General employment, health and safety information is not legal advice

Tuesday, October 26th, 2010

I recently received feedback from a reader stating “I checked with the Ministry of Labour and you don’t need two separate policies to meet your workplace violence and harassment obligations. Your information is wrong.” Always question information you read or are given, double check it, triple check it and then make up your own mind about how you are going to proceed. However, it does not make the information in itself wrong.

Tags: Bill 168, canadian employment law, employment law, feedback, harassment, legal advice, occupational health and safety, occupational health and safety act, OHSA, online information, policies and procedures, reference manual, workplace harassment, workplace violence
Posted in Health and Safety, Human Resources | Make a Comment »

Workplace violence in self-defence: what does the law say?

Tuesday, October 12th, 2010

Although some readers believe that any kind of workplace violence is inappropriate, there was a consensus that acting within reason to protect yourself is okay—nobody should be expected to “stand there and take a beating”.

Tags: Bill 168, canadian employment law, employment law, Harassment and violence training, occupational health and safety, occupational health and safety act, OHSA, ontario, policies and procedures, self-defence, training, workplace harassment and violence policies and program, workplace violence, workplace violence and self-defence, workplace violence in self-defence, workplace violence workshop
Posted in Health and Safety, Human Resources | 3 Comments »

The ‘Ministry’ will investigate complaints of harassment… Really??!!

Tuesday, July 13th, 2010

As a human rights advisor and educator I was encouraged to overhear this educational conversation about harassment at Tim Hortons. I was concerned however that part of the message this group was hearing was incorrect and misleading.

Tags: harassment, harassment prevention, health and safety, health and safety training, investigate complaints of harassment, investigation, ministry inspectors, Ministry of Labour, occupational health and safety, OHSA, Ontario Ministry of Labour, Ontario Occupational Health and Safety Act, Tim Horton, training, violence, violence prevention, workplace harassment, workplace harassment prevention guide, workplace investigation
Posted in Health and Safety, Human Resources | 6 Comments »

Violence and harassment prevention: Keep hate crimes in check!

Tuesday, June 22nd, 2010

You have a legal obligation to understand how the race, religion and sexual orientation of your employees can impact their safety at work. Understanding these factors will empower you to take steps to protect your workers from harassment and violence as required by the recent amendments to Ontario’s Occupational Health and Safety Act (Bill 168).

Tags: Bill 168, employment law, harassment, hate crimes, health and safety training, occupational health and safety, OHSA, ontario, Ontario Occupational Health and Safety Act, race, racism, religion, sexual orientation, training, violence, violence and harassment prevention, workplace training
Posted in Health and Safety, Human Resources | Make a Comment »

Bill 168 – what do you think?

Tuesday, March 23rd, 2010

Bill 168 is intended to address concerns of workplace violence and harassment in the context of health and safety. It provides definitions of both workplace violence and workplace harassment, and then requires that organizations undertake a risk assessment, draft workplace violence and harassment policies, and develop programs to implement those policies. Furthermore, Bill 168 requires training and instruction of employees regarding the new policies and programs, and creates a positive obligation on the part of employers to take reasonable precautions for the protection of workers when the employer is aware that they may be exposed to domestic violence. Bill 168 also requires that employers provide personal information to employees regarding persons with a history of violent behaviour. Finally, Bill 168 expands the existing right to refuse work, so that it now applies where there is a risk of imminent danger due to workplace violence.

Does the Bill go far enough in addressing workplace violence? Too far? How do we reconcile the reporting obligations with privacy rights?

Tags: Bill 168, canadian employment law, employment law, occupational health and safety, OH&S, OHSA, ontario, policies and procedures, workplace harassment, workplace violence
Posted in Health and Safety, Human Resources | 2 Comments »