If you’re an Ontario nonprofit organization and haven’t heard about Bill 168 — the amendments to the Health and Safety Act regarding workplace violence and harassment — chances are you aren’t in compliance with it yet. The deadline for compliance was June 15, yet many organizations I am in contact with assume that nonprofits are exempt, or that the policies they already have, cover it.

Well, not exactly. All employers are required to comply with the provisions of Bill 168, including for-profit, nonprofit, public, or private sector, and yes, even government. There are fines of up to $500,000 and potential criminal prosecution if an incident occurs and your organization doesn’t have the pieces in place.

Employers are accountable to assess the risks of violence occurring in their work places, putting policies and programs in place to address those risks, and educating employees about them — including the identification of workers who pose a potential risk to other employees.

Bill 168 puts the onus on employers to:

  • establish workplace violence and harassment policies and to train employees in them;
  • complete risk assessments of the possibility for workplace violence or harassment and provide this information to employees;
  • disclose incidents of workplace violence and harassment with the joint health and safety committee and any risk assessments undertaken;
  • provide information to specific employees about the risk of workplace violence from a co-worker with a history such behaviour;
  • establish a process for employees to report instances or risks of workplace violence and harassment;
  • discipline employees for not following workplace violence and harassment policies or for committing workplace violence or harassment;
  • offer a confidential employee assistance program to allow employees subject to workplace violence or harassment, or those with personal problems, to seek help;
  • ensure that proper security measures are in place at the workplace to protect workers from members of the public or customers; and,
  • keep detailed records of any workplace violence or harassment, investigation or work refusal.

 

It may sound like a lot of work at this late date, but it needn’t be. There exist templates of compliant policies and programs, and checklists to take you through the steps. More than anything else, these requirements are about due diligence. Did you make a reasonable effort to establish compliant policies, assess, and address risks, put processes in place, and above all, keep employees informed and aware?

So where to start? Begin with a review of your own policies. You know, that dusty binder on a shelf that no one reads. Identify where your violence and harassment policies have gaps with Bill 168 and fix them. If necessary, write a policy from the ground up. Next, obtain, or put together a template or checklist of considerations to fully assess the risk of violence in the work place. Nonprofits that deal with clients who have mental, emotional, or addiction issues represent a specific risk profile. Be sure to review records and reports that may point to risks from past behaviours. Assess the very nature of your business and ones similar to it, considering such factors as exposure to the public (eg, serving alcohol at establishments), working at client premises, working alone or with unstable individuals, early/late hours of work, and transportation of people or goods.

You’ll also need to engage employees in the conversation so that they have input into the risks considered, and in developing a program to control and minimize risks of violence and harassment. Those with health and safety committees have a ready advantage here, but an online survey of staff will also raise good input. Again, there are templates out there. Finally, develop a roll-out plan so that policies, assessments and programs get out there as they are intended, including processes for reporting and feedback. And revisit it all annually to keep it current.

Perhaps the most contentious element in the legislation is the employer’s duty to inform an employee if there is a potential risk of violence from another employee. Or the duty to be aware of the risk of domestic violence spilling over to the workplace, and having measures in place to address it. Employers don’t have to do criminal record checks on employees, but if the company record shows incidents of violence (or threats thereof), employers should disclose only enough information to the employee at risk to take reasonable precautions.

Okay, the deadline is past, but that doesn’t mean it’s too late to do anything. At minimum, demonstrate to a Ministry inspector that you are on your way to compliance if he or she shows up at your reception.

Again, this is a due diligence project but it need not be one completed by a squad of expensive lawyers. You need someone inside the organization to lead the effort from policy formulation through assessments and program development, but with prudent external resources as needed. You may also want to have a lawyer review your policy and program when it’s ready, so lean on a lawyer on your board or as a volunteer.

In short, when it comes to Bill 168, do the right thing, and be seen to have done the right thing. Now just get on with it.

Bill Hozy helps organizations of all sizes put the pieces in place for workplace violence and harassment, workforce planning, performance management, and policy development. Contact Bill at bill.hozy@planningstop.com.