It’s not unusual for WSPS Consultant Dennis Chennette to be called out to a workplace after it has received an order for being non-compliant with the violence and harassment provisions of the Occupational Health and Safety Act (OHSA).

With over 20+ years of experience as a consultant specializing in violence and harassment, Dennis knows that an order from a Ministry of Labour, Immigration, Training and Skills Development (MLITSD) inspector usually means that the workplace has no violence and harassment program in place, has gaps in its program or hasn’t carried out the most essential step – a violence risk assessment. Dennis can help the workplace get into compliance within the timeframe set out by the inspector.

But Dennis urges workplaces to reach out to WSPS for help before it reaches this point. “When you don’t have a workplace violence and harassment policy and program in place, workers are potentially at risk,” he says. “WSPS has the expertise and resources to help businesses navigate and understand the OHSA and help them meet their obligations around violence and harassment.”

Those obligations are clearly set out in Part III.0.I of the OHSA. Employers in Ontario are required to develop a policy and program to prevent workplace violence plus a policy and program to prevent workplace harassment (which includes, but is not limited to, sexual harassment and virtual harassment). Policies need to be posted in the workplace and/or in an easily accessible electronic format and reviewed at least once a year or as often as required.

Some of the key elements the employer must include in their violence or harassment prevention programs are: 

• measures and procedures to control identified violence risks
• incident reporting procedures
• steps for investigating and resolving incidents (note: confidentiality requirements may apply) and
• training for all workers and supervisors on the risks, control measures and procedures. 

“Before developing a violence prevention program, employers must also carry out a violence risk assessment,” says Dennis. “It is arguably the most important part of the workplace violence legislation and something MILSTD inspectors are on the lookout for.” 

Dennis explains that almost everything else in your violence prevention program flows from the risk assessment. “Until you have a comprehensive understanding or 'big picture' of where your actual or potential violence risks are, it is very difficult to write your policies/programs, develop effective controls and procedures, and adequately train your people.”

Risk assessment is key to developing a violence policy and program 

A thorough risk assessment will identify potential sources of violence that can pose a risk to your workers. Here are Dennis’s tips:

1. Look at the nature of the workplace and type of work you do. “Circumstances that could increase the risk of violence include: serving alcohol, working alone, handling cash and valuables, dealing with the public, and working in a high crime area,” notes Dennis.

2. Involve your workers and the joint health and safety committee or health and safety representative. “Employers need to get input from every part of the organization so that all known and potential risks of violence employees face are being addressed,” says Dennis. For larger workplaces, Dennis suggests using employee surveys to capture information from employees. A good example of a workplace violence survey for employees can be found in Developing Workplace Violence and Harassment Policies and Programs: a Toolbox. 

“The survey is a great way to determine if your employees feel safe in the physical environment, if they have experienced violence at work and under what circumstances, and if the incident was reported and acted upon,” says Dennis. 

3. Take your time and consider all aspects of your operation. “When you rush through the violence risk assessment process, you may miss risks, creating gaps in your prevention program. That potentially puts workers in a vulnerable position if something happens and they don’t know what to do.” For example, one company Dennis worked with forgot to include the ATM in their lobby in the violence risk assessment. “This omission created critical gaps in their violence prevention program, procedures, controls and employee training,” says Dennis.

Once you’ve developed a comprehensive list of your risks and where and when they may occur, the next step is to develop controls to keep workers safe. Watch for an upcoming article on the types of controls you can use. 

How WSPS can help

Connect with a consultant for help developing your workplace violence & harassment policies and programs, and carrying out a workplace violence assessment. 

Resources

• Developing Workplace Violence and Harassment Policies and Programs: a Toolbox
• Small Biz Bytes: Workplace Violence and Harassment (video)
• Quick Safety Tips: Violence and Harassment (video series)
• Violence and Harassment Reporting Form
• Not Part of The Job: Protecting Workers from Violence and Harassment (pre-recorded webinar)
• Workplace Violence and Harassment Overview (article)

Training 

• Workplace Violence and Harassment Awareness (30-minute eCourse)
• Workplace Violence and Harassment Training (3.5 hours, online instructor-led training)
• Workplace Violence & Harassment Training eCourse (3.5 hours, online self-paced training)

The information in this article is accurate as of its publication date.