This program applies to ‘workplace violence’ as defined in Section 1.2. For ‘workplace harassment and
workplace sexual harassment’ refer to:
- DDSB Policy – Workplace Harassment
- DDSB Regulation – Workplace Harassment and Workplace Sexual Harassment
- DDSB Procedure – Workplace Harassment and Workplace Sexual Harassment
1.1 Legislation
Ontario’s Occupational Health and Safety Act sets out the rights and duties for occupational health and safety of all parties in the workplace. The requirements for violence in the workplace establish minimum standards and set out the rights and duties of all those who have a role in dealing with workplace violence. Employers, supervisors and workers share the responsibility for occupational health and safety. This concept of an internal responsibility system is based on the principle that workplace parties themselves are in the best position to identify health and safety problems and develop solutions.
In addition to the Ontario Occupational Health and Safety Act, the following legislation also impacts on violence in the workplace –
- Ontario Education Act
- Safe Schools Act/Accepting Schools Act
- Criminal Code of Canada
Some acts of workplace violence and threats of acts of violence may be a criminal matter to be dealt with by the police under Canada’s Criminal Code.
Examples of workplace violence include but are not limited to:
- verbally threatening to attack a worker;
- leaving threatening notes at or sending threatening emails to a workplace;
- shaking a fist in worker’s face;
- wielding a weapon at work;
- hitting or trying to hit a worker;
- throwing an object at a worker;
- sexual violence against a worker;
- kicking an object the worker is standing on such as a ladder.
Accidental situations ‐ such as an individual tripping over an object and pushing a co‐worker as a result – are not meant to be included. (Workplace Violence and Harassment: Understanding the Law, Ontario Ministry of Labour, March 2010)
1.2 Definitions
“Workplace Violence” is defined in Subsection 1(1) of the Occupational Health and Safety Act” as:
- the exercise of physical force by a person against a worker, in a workplace, that causes or could cause physical injury to the worker,
- an attempt to exercise physical force against a worker, in a workplace, that could cause physical injury to the worker,
- a statement or behaviour that is reasonable for a worker to interpret as a threat to exercise physical force against the worker, in a workplace, that could cause physical injury to the worker.
"Workplace” is defined as any land, premises, location or thing at upon, in or near which a worker works.