Preventing Violence and Harassment

in the Workplace

Bill 168

Welcome to the Preventing Violence and Harassment

in the Workplace (Bill 168) program!

• This workshop is divided into 4 key sections:

o Introduction

o Understanding what constitutes violence and

harassment in the workplace

o Steps to take if you believe you are being

harassed or bullied or a target of violence

o Wrap-up

1

Upon successful completion of this course, you will be

able to:

Recognize techniques that can help increase

awareness of workplace violence and harassment.

Identify harmful impacts that workplace violence and

harassment have on organizations and their workers.

Explain the potential legal ramifications of workplace

violence and harassment.

In December 2009, the Ontario government passed

Bill 168, changing the Occupational Health and Safety

Act.

All employers with more than five workers are required to

conduct workplace violence risk assessments, and to

reassess the risk as required.

Under Bill 168, workplace violence is defined as:

The exercise of, or an attempt to exercise, physical

force against a worker in a workplace that causes, or

could cause physical injury to a worker. This includes a

statement, or behaviour that is reasonable for a worker

to interpret as a threat to exercise physical force that

could cause physical injury.

The Ontario Human Rights Code prohibits harassment

based on specific grounds of discrimination. Bill 168

nevertheless still covers harassment that is not based on

these grounds.

Bill 168 addresses all forms of harassment, including

those that go beyond the prescribed grounds under the

Human Rights Code, such as personal or psychological

harassment, which can also be called bullying.

The legal definition of harassment in Bill 168 is:

Engaging in a course of vexatious comment or conduct

that is known or ought reasonably be known to be

unwelcome.

Any behaviour that intimidates, isolates, or discriminates

against a targeted individual or individuals can be

interpreted as harassment.

Ideally, the person being harassed tells the offender not

to do it anymore because they find it offensive,

unwelcome, or unwanted.

However, they are not under any obligation to do so,

especially if they have reason to feel afraid of the

harasser.

Even if the person being harassed does not verbally tell

their harasser to stop, they can still express their

discomfort or dislike through body language such as

turning or walking away from their harasser, frowning,

crying or even becoming angry or upset.

Workplace violence and harassment may occur outside

the formal work space at work-related social functions,

conferences or training sessions, in parking lots and other

areas, and can include verbal, non-verbal, electronic or

written communications.

Behaviours

What are some examples of behaviour that can

lead to violence or harassment in the

workplace?

Gossiping

Sexual

Harassment

Arguments

Yelling

Bullying

Behaviour that can be

considered violent or

harassing include:

• Yelling

• Spreading rumours

• Throwing things

• Arguments

• Malicious pranks

• Verbal abuse

• Bullying

• Pushing

• Swearing

• Physical assault

• Vandalism

• Theft

• Arson

• Rape

• Sexual assault

• Murder

Can include:

• Unwelcome remarks

• Jokes

• Offensive gestures

• Innuendoes

• Taunting

• Leering

• Practical jokes

• Inappropriate physical

contact

• Displaying or

transmitting

pornographic, racist,

derogatory pictures or

other offensive material

• Mimicking or teasing

• Condescending

behaviour

• Refusing to converse or

work with a co-worker

because of their race or

ethnic background

It is important to understand that a supervisor who

provides direction, counsel, discipline, or performance

reviews as part of his or her job, is not considered to be

harassing workers under their supervision.

Psychological trauma

Stress

Fatigue

Illness and injuries

Job loss

Disabilities

Poor productivity and absenteeism

Bill 168 adds domestic violence to the list of workplace

violence concerns, because domestic violence directly

affects the workplace.

Domestic violence extends into the workplace when the

abuser contacts the worker at work with frequent

harassing phone calls, or drops in to

check up on the victim’s

whereabouts and activities,

which can result in public

arguments.

Cases of sexual harassment are usually handled under

the Ontario Human Rights Code, but when it escalates to

the point where the worker thinks their safety is at risk

due to violence, it may also be covered by Bill 168.

Sexual harassment includes:

• Unwelcome touching

• Patting

• Kissing or other sexually suggestive physical contact

by a supervisor, co-worker, client, vendor or customer

Sexual harassment in the workplace takes a number of

different forms:

• For example, a supervisor who showers unwanted

attention on a worker and seeks sexual favours in

return, with the suggestion that to accept these

advances will result in a more

positive outcome for that

worker or the reverse, if these

advances are refused there

could be a negative impact

or outcome for that worker.

• Behaviour that interferes with a person’s performance

or creates a hostile work environment, such as a

situation where someone aggressively and

persistently tries to have an intimate relationship with

a co-worker against the person’s wishes.

• A situation where men make anti-female

comments to co-workers, such

as suggesting that women don’t

belong in the workplace, or are

good only for certain jobs.

• Similarly, a situation where men are subjected to

harassment by women because of their gender.

A workplace may be considered poisoned or hostile when

harassment is directed at one worker, or a group, who

may be identified by a particular characteristic, like age or

gender.

“Office gossip,” “shop talk,” workplace joking, kidding and

banter which initially appears harmless, welcome or the

accepted “norm” can eventually or over time, lead to or

create this poisoned, uncomfortable, hostile or

intimidating work environment.

A worker may refuse to work where they have reason to

believe that they are in danger of being a target of

workplace violence.

Such a refusal would trigger the normal work refusal

process under the Occupational Health and Safety Act.

Workers in jobs where an unsafe condition, is “inherent in

the work” or is a “normal condition of employment,” as

specified in the Act, would not be allowed to refuse work.

There is no right to refuse work where “harassment” is

believed likely to endanger the health and safety of a

worker.

There are a number of options available to workers who

believe they are being harassed, bullied or are targets for

violence, and for workers who have witnessed such

behaviours:

1. Make your concerns known (if you feel safet to do so)

to the harasser (in person, in writing or through a

representative) and ask them to stop.

2. Keep a record of dates, times, details, witnesses,

locations of all situations of harassment and bullying.

3. Follow your employer’s internal complaint procedures.

4. Tell your supervisor about the harassment or bullying

in writing if possible.

5. Inform your supervisor directly and immediately of any

threat or act of violence.

6. Inquire with and/or file a complaint with your Human

Resource Department.

7. Report the matter to police when you deem it

appropriate for your safety and that of your co-workers.

Employer Responsibilities

Under Bill 168, employers can be held liable for the

actions workers, particularly those in

positions of authority, if they knew

about the violence and harassment

or should have known and did

nothing to stop it.

Employer Responsibilities

Employers must take steps to assess the risk of violence

in the workplace, and establish policies and procedures

to deal with incidents, or potential incidents of violence.

Supervisor Responsibilities

Supervisors can be held liable for the actions of workers if

they knew or should have known that harassment was

occurring or that there was a threat of violence, but did

nothing to stop it.

Worker Responsibilities

Workers are responsible for their actions and can be

found liable when a complaint of violence or harassment

in the workplace is substantiated.

Here are some simple tips and warning signs to

help you determine if your or someone else’s

behaviour has crossed the line into violence or

harassment.

• If someone asks you to stop a particular behaviour –

STOP!

• Would I want my behaviour on the evening news?

• Would I want my partner to know about what I’m doing

or saying?

• Is there equal power between me and the person I’m

interacting with?

• Would I want someone else to act this way toward my

partner? My son or daughter?

• Is there equal consent?

• Is there mutual respect?

These are just a few ideas and we encourage you to

develop your own ideas on how you can contribute to a

respectful, safe and healthy workplace.

It is everyone’s right to work in an environment free from

violence and harassment and everyone’s responsibility to

ensure a safe and respective work environment.