A social services provider located in Thunder Bay, Ontario (the “Organization”) pleaded guilty to a workplace violence incident that arose in its workplace. The Organization was found to have violated its obligations under the Occupational Health and Safety Act [OHSA] with respect to assessing the risks of workplace violence, and was therefore fined $80,000.
Background
A client resident at the Organization became verbally aggressive during a conversation with the manager of the Organization. The situation escalated, and despite attempts to de-escalate the aggression, the resident assaulted the manager. A second worker entered the office and pulled the client off of the manager. The client subsequently assaulted the second worker.
The Ministry of Labour, Immigration, Training and Skills Development (MLITSD) investigated the incident and determined that the Organization had a written workplace violence policy and program (the “Policy”), but the Policy did not apply to workplace violence involving clients. Further, the MLITSD determined that the Organization had not conducted a workplace violence risk assessment of the group home, contrary to its obligations as an employer under the OHSA.
After the Organization entered a guilty plea, it was convicted of an offence under the OHSA and fined $80,000.
Employer Obligations Regarding Workplace Violence Risk Assessments
Under the OHSA, employers in Ontario must assess the risks of workplace violence that may arise from the nature of the workplace, the type of work, or the conditions of work. A workplace violence risk assessment must take into account:
- circumstances that would be common to similar workplaces;
- circumstances specific to the workplace; and
- any other prescribed elements.
To ensure that any new risks of workplace violence are identified, employers should also bear in mind that a workplace violence risk assessment must be reviewed or reassessed:
- if a new or different type of violence occurs in the workplace;
- if a new or different type of violence occurs in similar workplaces;
- if there is a significant change in either the work, the way employees interact with the public or the physical location;
- if a new facility is opened or an existing facility is renovated; or
- if ordered to do so by a Ministry of Labour Inspector
Takeaways for Employers
To ensure compliance with its obligations under the OHSA regarding workplace violence, employers should ensure to do the following:
- Reassess Risks of Violence Regularly: As a best practice, employers should reassess any risks of violence in the workplace at least annually, and in consultation with its joint health and safety committee or health and safety representative.
- Revise Workplace Violence Policies and Programs: After conducting a workplace violence risk assessment, or workplace violence risk reassessment, employers should ensure that its workplace violence policy and program is updated to reflect any new risks that are detected in the workplace, or any updated procedures to respond to incidents of violence in the workplace.
This blog is provided as an information service and summary of workplace legal issues.
This information is not intended as legal advice.