Ready for Bill 168?

If you are working in Ontario by now you should be aware of Bill 168, the new workplace violence and harassment legislation, which came into force last week. 

An interesting article in the June 14, 2010 edition of the Law Times notes that Premier McGuinty’s government introduced the legislation in part in response to the murder of nurse Lori Dupont in 2005 in her workplace by her former boyfriend, an anesthesiologist at the hospital. The hospital had reportedly known of the doctor’s escalating harassment of Lori, but did not discipline him – they were supposed to work together the day he fatally stabbed her.

We should all be pleased with the introduction of the Bill, and I hope it has a positive impact on the health and safety in workplaces. Notably, breaches can attract fines of up to $500,000 for companies and up to $25,000 or 12 months imprisonment for individuals. Not something to take lightly.

Despite its importance, employers have apparently been having real difficulty complying with the new legislation by the June 15, 2010 deadline (just six months after the Bill received Royal assent). It seems many employers have not addressed their obligations in time, perhaps because they underestimated the amount of requirements they need to comply with, or possibly because they didn’t realize that a “wait and see” approach would not do as Bill 168 requires positive steps on the part of employers. Such requirements include:

-          conduct a risk assessment for violence and harassment in the workplace;

-          develop policies addressing the risks identified; and

-          complete staff training.

Are you ready?

Natalia R. Angelini - Click here for more information on Natalia Angelini.

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