New Provincial Legislation - Bill 168

There are new provisions contained in Ontario’s Occupational Health and Safety Act (OHSA) which will have an impact on employers in the Province of Ontario. Bill 168 contains new provisions that will impact the construction industry and will require action on the part of homebuilders, contractors and renovators.
Presently, every employer has a general duty to take every reasonable precaution to protect workers from the hazard of workplace violence. Enforcement of this requirement has been focused mainly on high risk workplaces such as places of business that handle cash.

The amendments to the OHSA take effect on June 15, 2010 and will require businesses to take certain steps to comply with the new legislation. This raises the question of what constitutes workplace violence and workplace harassment. Workplace violence can mean the use, attempt of use or threat of physical force by a person against a worker in the workplace that causes or could cause physical injury.  Workplace harassment can mean the use of vexatious comments or conduct against a worker in a workplace that is known or ought to be reasonably known to be unwelcome by the worker.

So, the provisions do impact owners and employees in the building industry just as they do a retail store, an office, etc. It is not uncommon to hear of tiffs and arguments on a work site and even shoving matches. While these incidents are not permitted under the current provisions of the OHSA, effective June 15, 2010 you will be required to have policies and programs in place that guide workers in their actions. More specifically, you will need to have well communicated procedures in place to guide workers on procedures to report incidents of violence and harassment in the workplace and establish programs that set out how the employer will investigate incidents and complaints.

There is a long list of other provisions that require employers to:

• proactively assess the risk of workplace violence occurring,
• take precautions when they are aware that domestic violence may occur,
• provide certain information to workers on the potential risk of a person with a history of violent behaviour
• extend the right to refuse work to a worker who has reason to believe that they may be in danger of workplace violence, and
• require that workplace committees, joint health and safety committees be advised in cases of injury due to workplace violence.

As noted, the provisions of Bill 168 come into effect on June 15, 2010 and the Ministry of Labour, through its health and safety inspectors, will be checking employers to determine if they are in compliance.

What do you need to do as an employer?

• Review your current health and safety policies and programs and amend them to include definitions of workplace violence and harassment and set out reporting and investigation procedures
• Educate your employees on the new provisions of the OHSA through written communications, presentations and employee handbook materials. Provide ongoing communications about workplace violence and harassment
• Ensure that your sub-trades and contractors are aware of the provisions and are knowledgeable of your company policies and programs that apply to your worksites
• Instruct your management team on what to watch for as signs of violence or threats of violence
• Ensure that employees and new hires are properly screened in order to identify persons with a history of violent behaviour
• Incorporate safe work environments as part of your company culture

The Ministry of Labour has important and helpful information about what employers need to do to be ready for June 15, 2010. The information includes a Toolbox, which serves as a guide for employers in establishing a workplace violence and harassment policy and program. The Toolbox can be found on the MOL website at:
www.labour.gov.on.ca/english/hs/pdf/wvps_toolbox.pdf

We encourage all builders, contractors and renovators to be aware of the new provisions of Bill 168 and to take steps to make your workplace and sites safe for all.

Building Better Home Builders offers a variety of business improvement services to the home building industry, including specific services related to human resources management and workplace health and safety.  We would welcome the opportunity to assist with your preparations for the Bill 168 changes.

"This summary of the changes to Bill 168 and our identification of the potential business implications has been prepared for the general information of our clients. Notwithstanding this, you should satisfy yourself insofar as the implications of the changes to Bill 168 for your specific business."