1. Women and Basic Rights at Work
South Asian Legal Clinic of Ontario (SALCO)
Presented By : Deepa Mattoo
Community Legal Worker

2. Employment Standard Act
In Ontario.
It does not cover federal employees and a few individuals in other special categories.
If you are employed in Ontario, you are probably protected by the ESA. It does not cover federal employees and a few individuals in other special categories. There are exceptions and special rules for some workers under the law.

3. Hours of Work • 48 hours in a week
• 8 hours a day – or the number of hours in an established work day of it is more than 8
• 48 hours in a week
Hours of Work: Generally, employees cannot be required or permitted to work more than:
• 8 hours a day – or the number of hours in an established work day of it is more than 8
• 48 hours in a week
An employee can agree in writing to work more than these limits. Such agreements are valid only if the employer gives the employee (where there is no trade union) an information sheet prepared by the ministry about hours of work and overtime before the agreement is made, and the agreement states that the employee received the information sheet. In addition, an employee cannot work more than 48 hours in a week unless the employer has an approval for excess hours from the Director of Employment Standards (subject to certain exemptions).

4. Overtime
Most employees must be paid overtime pay after 44 hours of work each week. The overtime rate must be at least 1 ½ times the regular rate of pay.
Overtime: Most employees must be paid overtime pay after 44 hours of work each week. The overtime rate must be at least 1 ½ times the regular rate of pay.
Minimum Wage: This is the lowest hourly rate an employer can pay an employee. Minimum Wage Rate February 1st, 2007 March 31, March 31, March 31, 2010
General $8.00 per hour $8.75 per hour $9.50 per hour $10.25 per hour
Students $7.50 per hour $8.20 per hour $8.90 per hour $9.60 per hour

5. Minimum Wage March 31, 2010 General $10.25 per hour
Students $9.60 per hour
Minimum Wage: This is the lowest hourly rate an employer can pay an employee. Minimum Wage Rate February 1st, 2007 March 31, March 31, March 31, 2010
General $8.00 per hour $8.75 per hour $9.50 per hour $10.25 per hour
Students $7.50 per hour $8.20 per hour $8.90 per hour $9.60 per hour

6. Rights During Pregnancy and Parental Leaves
Entitled to:
the same job the employee had before the leave began; or
a comparable job, if the employee's old job no longer exists.
Rights During Pregnancy and Parental Leaves
Employees on pregnancy or parental leave have several rights.
The Right to Reinstatement
In most cases, an employee who takes a pregnancy or parental leave is entitled to:
the same job the employee had before the leave began; or
a comparable job, if the employee's old job no longer exists.
In either case, the employee must be paid at least as much as he or she was earning before the leave. Also, if the wages for the job went up while the employee was on leave, or would have gone up if he or she hadn't been on leave, the employer must pay the higher wage when the employee returns from leave.
If an employer has dismissed an employee for legitimate reasons that are totally unrelated to the fact that the employee took a leave, the employer does not have to reinstate the employee.
The Right to Be Free from Penalty
Employers cannot penalize an employee in any way because the employee:
took a pregnancy or parental leave;
plans to take a pregnancy or parental leave;
is eligible to take a pregnancy or parental leave; or
will become eligible to take a pregnancy or parental leave.

7. The Right to Be Free from Penalty
Employers cannot penalize an employee in any way because the employee:
took a pregnancy or parental leave;
plans to take a pregnancy or parental leave;
is eligible to take a pregnancy or parental leave; or
will become eligible to take a pregnancy or parental leave

8. The Right to Continue : Benefit Plan
Employees on pregnancy or parental leave have a right to continue to take part in certain benefit plans that their employer may offer. These include:
pension plans;
life insurance plans;
accidental death plans;
extended health plans; and
dental plans.
The Right to Continue to Participate in Benefit Plans
Employees on pregnancy or parental leave have a right to continue to take part in certain benefit plans that their employer may offer. These include:
pension plans;
life insurance plans;
accidental death plans;
extended health plans; and
dental plans.
The employer must continue to pay its share of the premiums for any of these plans that were offered before the leave, unless the employee tells the employer in writing that he or she will not continue to pay his or her own share of the premiums.
In most cases, employees must continue to pay their share of the premiums in order to continue to participate in these plans.
Employees who are on pregnancy or parental leave can also continue to participate in other benefit plans if employees who are on other types of leave are able to continue to participate in those plans.
In addition, a female employee may be entitled to disability benefits during that period of the leave that she would otherwise have been absent from work for health reasons related to her pregnancy or childbirth.
The Right to Earn Credits for Length of Employment, Length of Service and Seniority
Employees continue to earn credits toward length of employment, length of service, and seniority during periods of leave.
Length of service
Trina's employment contract states that she earns 1 paid vacation day for each month of active service and that after 5 years (length) of service she will begin to earn 1 ½ paid vacation days for each month of active service. She is on pregnancy and parental leave for her entire 5th year of employment.
Because her leave will count towards "length of service" the year on leave will count to complete her 5 years length of service and she will be then be entitled to earn 1 ½ paid vacation days for each month of active service when she returns from her leave.
However, while she was on the leave she was not earning credit for active service and so under her contract she was not earning paid vacation days during the leave itself. At the end of the leave she would not have earned any paid vacation under contract but the employer would be required to ensure that she received at least the minimum vacation entitlement for that year (2 weeks of vacation time off plus 4% of any wages earned in that year).
Seniority
Karen is a member of a union that has bargaining rights at her workplace. Under the collective agreement, an employee's seniority determines such things as order of layoff and recall, job promotions and annual vacation entitlements. Karen continues to accrue seniority for all purposes during her pregnancy and parental leaves, just as if she had been actively employed.
Probation
The period of a leave is not included when determining whether an employee has completed a probationary period. If an employee was on probation at the start of a leave, he or she must complete the probationary period after returning to work.

9. The Right to Earn Credits for : Length and Seniority
Employees continue to earn credits toward length of employment, length of service, and seniority during periods of leave.

10. Probation
The period of a leave is not included when determining whether an employee has completed a probationary period. If an employee was on probation at the start of a leave, he or she must complete the probationary period after returning to work.

11. Parental Leave
Both new parents have the right to take parental leave of up to 35 or 37 weeks of unpaid time off work
Parental Leave
Both new parents have the right to take parental leave of up to 35 or 37 weeks of unpaid time off work.

12. Qualifying for Parental Leave
A new parent is entitled to parental leave whether he or she is a full-time, part-time, permanent or contract employee provided that the employee:
works for an employer that is covered by the ESA, and
was employed for at least 13 weeks before commencing the parental leave.
Qualifying for Parental Leave
A new parent is entitled to parental leave whether he or she is a full-time, part-time, permanent or contract employee provided that the employee:
works for an employer that is covered by the ESA, and
was employed for at least 13 weeks before commencing the parental leave.
An employee does not have to actively work in the 13- week period preceding the start of the parental leave. The employee could be on layoff, vacation, sick leave or pregnancy leave for all or part of the 13-week qualifying period and still be entitled to parental leave. The ESA only requires the employee to have been employed by the employer for 13 weeks before he or she may commence a parental leave.
A "parent" includes:
a birth parent;
an adoptive parent (whether or not the adoption has been legally finalized); or
a person who is in a relationship of some permanence with a parent of the child and who plans on treating the child as his or her own. This includes same-sex couples.
When a Parental Leave Can Begin
A birth mother who takes pregnancy leave must ordinarily begin her parental leave as soon as her pregnancy leave ends. However, an employee's baby may not yet have come into her care for the first time when the pregnancy leave ends. For example, perhaps her baby has been hospitalized since birth and is still in the hospital's care when the pregnancy leave ends.
In this case, the employee can either commence her leave when the pregnancy leave ends or choose to return to work and start her parental leave later. If she chooses to return to work, she will be able to start her parental leave anytime within 52 weeks of the birth or the date the baby first came home from the hospital.
All other parents must begin their parental leave no later than 52 weeks after:
the date their baby is born; or
the date their child first came into their care, custody and control.
The parental leave does not have to be completed within this 52-week period. It just has to be started.
Length of a Parental Leave
Birth mothers who take pregnancy leave are entitled to take up to 35 weeks of parental leave. All other new parents are entitled to take up to 37 weeks of parental leave.
Employees may decide to take a shorter leave if they wish. However, once an employee has started parental leave, he or she must take it all at one time. The employee cannot use up part of the leave, return to work for the employer and then go back on parental leave for the unused portion.
(Note that under the federal Employment Insurance Program, employees are able to return to work and earn a certain amount of wages without having their employment insurance benefits reduced. However, under the ESA, a return to work, even on a part-time basis, would effectively end the parental leave.)
Miscarriages and Stillbirths
An employee who has a miscarriage or stillbirth, or whose spouse or same-sex partner has a miscarriage or stillbirth, is not eligible for parental leave.
Notice Requirements for Parental Leave
Giving Notice About Starting a Parental Leave
An employee must give his or her employer at least two weeks' written notice before beginning a parental leave. If an employee is also taking a pregnancy leave, she may, but is not required to, give her employer notice of both leaves at the same time.
Retroactive Notice
Sometimes, an employee may stop working earlier than expected because a child is born or comes into the employee's custody, care and control for the first time earlier than expected. In this case, the employee has two weeks after stopping work to give the employer written notice that he or she is taking parental leave. The parental leave begins on the day the employee stops working.
Changing The Start of a Parental Leave to an Earlier Date
Suppose an employee has given notice to begin a parental leave. The employee can begin the leave earlier than he or she has told the employer by giving the employer new written notice at least two weeks before the new, earlier date.
Example:
Leroy gave his employer written notice that he would begin his parental leave on September 10. Now he wants to start his leave on August 27. Leroy must give his employer new written notice by August 13 (two weeks before August 27).
Changing the Start of a Parental Leave to a Later Date
An employee can also change the starting date of the leave to a later date than he or she originally told the employer. To do this, the employee must give the employer new written notice at least two weeks before the original date the leave was going to begin.
Wendy gave her employer written notice that she would start her parental leave on September 10. Now Wendy wants to start her leave on September 15. She must give her employer new written notice by August 27 (two weeks before September 10).
Failing to Give Notice
An employee who fails to give the required notice does not lose his or her right to a parental leave. The failure might occur because the employee did not know he or she had to give notice, or because the employee was unable to under the circumstances.
Giving Notice About Ending a Parental Leave
An employee can tell the employer when he or she will be returning to work, but is not required to do so. If the employee does not specify a return date, the employer is to assume that the employee will take his or her full 35 or 37 weeks of leave. An employer cannot require an employee to return from leave early.
Changing the Date a Parental Leave Ends
An employee may want to return to work earlier than the date he or she was scheduled to return. If so, the employee must give the employer written notice at least four weeks before the new, earlier day.
An employee may want to return to work later than he or she was scheduled to return. In this case, the employee must give the employer new written notice at least four weeks before the date the employee was originally going to return. However, unless the employer agrees, the employee cannot schedule a new return date that would result in the employee taking a longer leave than he or she is entitled to under the ESA.
When an Employee Decides Not to Return to Work
Suppose an employee decides to resign before the end of his or her parental leave, or at the end of the leave. The employee must give the employer at least four weeks' written notice of the resignation. This notice requirement does not apply if the employer constructively dismisses the employee. (See "Termination of Employment" chapter for information about constructive dismissal.)
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13. An employee does not have to actively work in the 13- week period preceding the start of the parental leave.

14. The employee could be on layoff, vacation, sick leave or pregnancy leave for all or part of the 13-week qualifying period and still be entitled to parental leave.
The ESA only requires the employee to have been employed by the employer for 13 weeks before he or she may commence a parental leave.

15. Right to work without fear of violence or harassment
Changes to Ontario’s Occupational Health and Safety Act – effective June 15, 2010 – strengthen protections for workers from workplace violence and address workplace harassment. They apply to all workplaces to which the Act currently applies.
Everyone should be able to work without fear of violence or harassment, in a safe and healthy workplace.
Changes to Ontario’s Occupational Health and Safety Act – effective June 15, 2010 – strengthen protections for workers from workplace violence and address workplace harassment. They apply to all workplaces to which the Act currently applies.
Defining workplace violence
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 it 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.
Some activities increase the risk of workplace violence
Handling cash
Protecting or securing valuables
Transporting people and goods
Public or community contact
Working alone, or with just a few people
Working late at night or very early morning
Workplace harassment
Workplace harassment means engaging in a course of vexatious comment or conduct against a worker in a workplace that is known or ought reasonably to be known to be unwelcome.
Workplace harassment may include bullying, intimidating or offensive jokes or innuendos, displaying or circulating offensive pictures or materials, or offensive or intimidating phone calls.
What employers need to know
Employers must proactively assess the risks of workplace violence that may arise from the nature of the workplace, the type of work or the conditions of work.
Every workplace – regardless of the number of workers – must have policies and programs for workplace violence and workplace harassment. Employers must provide information and instruction to workers on the content of these policies and programs.
Both workplace violence and workplace harassment programs must include measures and procedures for workers to report incidents of workplace violence and harassment and set out how the employer will investigate and deal with incidents or complaints. Workplace violence programs must include measures and procedures to control these risks, and for summoning immediate assistance when workplace violence occurs or is likely to occur.
Employers and supervisors must provide information to workers about the risk of workplace violence from a person with a history of violent behaviour if the worker:
can be expected to encounter that person in the course of work, and
is likely at risk of physical injury.
Personal information may be disclosed, but only what is reasonably necessary to protect the worker from physical injury.
Employers who are aware, or ought reasonably to be aware, that domestic violence may occur in the workplace must take every precaution reasonable in the circumstances to protect a worker at risk of physical injury.
Rights and responsibilities
Everyone in a workplace has a role to play in ensuring it is safe, healthy and free of violence and harassment.
Workers have the same rights and responsibilities under the Occupational Health and Safety Act for violence prevention as they do for other hazards in a workplace. They must report potential workplace hazards to employers.
Workers have the right to refuse work if they have reason to believe they are in danger of workplace violence. The Act sets out a specific procedure that must be followed in a work refusal.
All workers have the right to refuse unsafe work, but for some workers, this right is limited. Certain workers who have a responsibility to protect public safety (for example police officers, firefighters, workers employed in correctional institutions and health care workers) cannot refuse unsafe work if the danger in question is a normal part of the job or if the refusal would endanger the life, health or safety of another person. For these workers, the limited right to refuse unsafe work remains with respect to the hazard of workplace violence.
Reprisals by employers (such as penalizing, dismissing, disciplining, suspending or threatening to do any of these things to a worker exercising their rights, including the right to refuse unsafe work under the Occupational Health and Safety Act) remain prohibited.
In an emergency or if there is immediate danger
Contact police first in emergency situations. If a situation has turned violent or if there is a threat of violence occurring, employers and workers should call police. Police officers deal with violent individuals and matters under the Criminal Code.
Telling your employer
Workers should report threats or incidents of workplace violence to the employer.
Calling the Ministry of Labour
The Ministry of Labour enforces Ontario’s Occupational Health and Safety Act. Workplace health and safety complaints should first be brought to the attention of the supervisor or employer, to the Joint Health and Safety Committee, if there is one, or to the Health and Safety Representative. The ministry encourages internal resolution of complaints, but if concerns remain, workplace parties can contact the nearest Ministry of Labour office.
The employer duty to notify the Ministry of Labour includes critical injury or fatalities from workplace violence.
Resources
Ministry of Labour
For more information about the Bill 168 amendments to the Occupational Health and Safety Act: Workplace Violence and Workplace Harassment.
Workplace Violence and Harassment: Understanding the Law
This compliance guideline helps workplace parties understand their rights and responsibilities regarding workplace violence and workplace harassment requirements in the Occupational Health and Safety Act.
Copies of the Guide may be purchased from ServiceOntario. Call toll-free:
Employment Standards
For information about hours of work, leaves of absence, termination, and other questions related to minimum standards that employers and employees must follow, please contact the Ministry of Labour’s Employment Standards Information Centre toll-free at
Health and Safety Associations
Ontario’s four Health and Safety Associations provide resources and training about workplace violence and workplace harassment.
Website: Health and Safety Associations
Canadian Centre for Occupational Health and Safety (CCOHS)
CCOHS provides information about the warning signs of workplace violence and prevention tips.
Website: Canadian Centre for Occupational Health and Safety
Human Rights Legal Support Centre
The Centre offers human rights legal services to individuals in Ontario who believe they have experienced discrimination in the workplace contrary to Ontario’s Human Rights Code. Call toll-free:
Website: Human Rights Legal Support Centre
Ontario Human Rights Commission, Human Rights Tribunal
For some issues relating to workplace harassment, both the Ontario Human Rights Commission and the Human Rights Tribunal may be of assistance.
Websites: Ontario Human Rights Commission and Human Rights Tribunal
Ontario Women’s Directorate
The Directorate provides information to help women escape domestic violence that puts their safety and/or their children’s safety at risk.
Website: Ontario Women’s Directorate
Ministry of Community and Social Services
The Ministry has a variety of programs and services to help women and their children live free of domestic violence.
Website: Ministry of Community and Social Services
Assaulted Women’s Helpline
This service offers crisis counselling and referrals to shelters, legal advice and other help. For more information, call toll-free:
Stop family violence: it’s everybody’s business
This website features toolkits and resources on family violence prevention.
Website: Stop family violence: it’s everybody’s business
Workplace Safety Is Everyone’s Responsibility.
We are working with our health and safety partners at the Workplace Safety & Insurance Board and Ontario’s Health and Safety Associations. Together, we are developing tools and resources to support employer compliance in meeting their obligations to assess workplace violence risks and develop workplace violence and workplace harassment policies and programs.
Employers are responsible to ensure that they are in full compliance with the Occupational Health and Safety Act at all times. Please check the Ministry of Labour’s website regularly to ensure you have the most current information available.

16. What employers need to know
Employers must proactively assess the risks of workplace violence that may arise from the nature of the workplace, the type of work or the conditions of work.
Defining workplace violence
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 it 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.
Some activities increase the risk of workplace violence
Handling cash
Protecting or securing valuables
Transporting people and goods
Public or community contact
Working alone, or with just a few people
Working late at night or very early morning
Workplace harassment
Workplace harassment means engaging in a course of vexatious comment or conduct against a worker in a workplace that is known or ought reasonably to be known to be unwelcome.
Workplace harassment may include bullying, intimidating or offensive jokes or innuendos, displaying or circulating offensive pictures or materials, or offensive or intimidating phone calls.
What employers need to know
Employers must proactively assess the risks of workplace violence that may arise from the nature of the workplace, the type of work or the conditions of work.
Every workplace – regardless of the number of workers – must have policies and programs for workplace violence and workplace harassment. Employers must provide information and instruction to workers on the content of these policies and programs.
Both workplace violence and workplace harassment programs must include measures and procedures for workers to report incidents of workplace violence and harassment and set out how the employer will investigate and deal with incidents or complaints. Workplace violence programs must include measures and procedures to control these risks, and for summoning immediate assistance when workplace violence occurs or is likely to occur.
Employers and supervisors must provide information to workers about the risk of workplace violence from a person with a history of violent behaviour if the worker:
can be expected to encounter that person in the course of work, and
is likely at risk of physical injury.
Personal information may be disclosed, but only what is reasonably necessary to protect the worker from physical injury.
Employers who are aware, or ought reasonably to be aware, that domestic violence may occur in the workplace must take every precaution reasonable in the circumstances to protect a worker at risk of physical injury.
Rights and responsibilities
Everyone in a workplace has a role to play in ensuring it is safe, healthy and free of violence and harassment.
Workers have the same rights and responsibilities under the Occupational Health and Safety Act for violence prevention as they do for other hazards in a workplace. They must report potential workplace hazards to employers.
Workers have the right to refuse work if they have reason to believe they are in danger of workplace violence. The Act sets out a specific procedure that must be followed in a work refusal.
All workers have the right to refuse unsafe work, but for some workers, this right is limited. Certain workers who have a responsibility to protect public safety (for example police officers, firefighters, workers employed in correctional institutions and health care workers) cannot refuse unsafe work if the danger in question is a normal part of the job or if the refusal would endanger the life, health or safety of another person. For these workers, the limited right to refuse unsafe work remains with respect to the hazard of workplace violence.
Reprisals by employers (such as penalizing, dismissing, disciplining, suspending or threatening to do any of these things to a worker exercising their rights, including the right to refuse unsafe work under the Occupational Health and Safety Act) remain prohibited.
In an emergency or if there is immediate danger
Contact police first in emergency situations. If a situation has turned violent or if there is a threat of violence occurring, employers and workers should call police. Police officers deal with violent individuals and matters under the Criminal Code.
Telling your employer
Workers should report threats or incidents of workplace violence to the employer.
Calling the Ministry of Labour
The Ministry of Labour enforces Ontario’s Occupational Health and Safety Act. Workplace health and safety complaints should first be brought to the attention of the supervisor or employer, to the Joint Health and Safety Committee, if there is one, or to the Health and Safety Representative. The ministry encourages internal resolution of complaints, but if concerns remain, workplace parties can contact the nearest Ministry of Labour office.
The employer duty to notify the Ministry of Labour includes critical injury or fatalities from workplace violence.
Resources
Ministry of Labour
For more information about the Bill 168 amendments to the Occupational Health and Safety Act: Workplace Violence and Workplace Harassment.
Workplace Violence and Harassment: Understanding the Law
This compliance guideline helps workplace parties understand their rights and responsibilities regarding workplace violence and workplace harassment requirements in the Occupational Health and Safety Act.
Copies of the Guide may be purchased from ServiceOntario. Call toll-free:
Employment Standards
For information about hours of work, leaves of absence, termination, and other questions related to minimum standards that employers and employees must follow, please contact the Ministry of Labour’s Employment Standards Information Centre toll-free at
Health and Safety Associations
Ontario’s four Health and Safety Associations provide resources and training about workplace violence and workplace harassment.
Website: Health and Safety Associations
Canadian Centre for Occupational Health and Safety (CCOHS)
CCOHS provides information about the warning signs of workplace violence and prevention tips.
Website: Canadian Centre for Occupational Health and Safety
Human Rights Legal Support Centre
The Centre offers human rights legal services to individuals in Ontario who believe they have experienced discrimination in the workplace contrary to Ontario’s Human Rights Code. Call toll-free:
Website: Human Rights Legal Support Centre
Ontario Human Rights Commission, Human Rights Tribunal
For some issues relating to workplace harassment, both the Ontario Human Rights Commission and the Human Rights Tribunal may be of assistance.
Websites: Ontario Human Rights Commission and Human Rights Tribunal
Ontario Women’s Directorate
The Directorate provides information to help women escape domestic violence that puts their safety and/or their children’s safety at risk.
Website: Ontario Women’s Directorate
Ministry of Community and Social Services
The Ministry has a variety of programs and services to help women and their children live free of domestic violence.
Website: Ministry of Community and Social Services
Assaulted Women’s Helpline
This service offers crisis counselling and referrals to shelters, legal advice and other help. For more information, call toll-free:
Stop family violence: it’s everybody’s business
This website features toolkits and resources on family violence prevention.
Website: Stop family violence: it’s everybody’s business
Workplace Safety Is Everyone’s Responsibility.
We are working with our health and safety partners at the Workplace Safety & Insurance Board and Ontario’s Health and Safety Associations. Together, we are developing tools and resources to support employer compliance in meeting their obligations to assess workplace violence risks and develop workplace violence and workplace harassment policies and programs.
Employers are responsible to ensure that they are in full compliance with the Occupational Health and Safety Act at all times. Please check the Ministry of Labour’s website regularly to ensure you have the most current information available.

17. Workplace harassment
Workplace harassment means engaging in a course of vexatious comment or conduct against a worker in a workplace that is known or ought reasonably to be known to be unwelcome.
Workplace harassment may include bullying, intimidating or offensive jokes or innuendos, displaying or circulating offensive pictures or materials, or offensive or intimidating phone calls.

18. Resources Ministry of Labour
For more information about the Bill 168 amendments to the Occupational Health and Safety Act: Workplace Violence and Workplace Harassment.
What employers need to know
Employers must proactively assess the risks of workplace violence that may arise from the nature of the workplace, the type of work or the conditions of work.
Every workplace – regardless of the number of workers – must have policies and programs for workplace violence and workplace harassment. Employers must provide information and instruction to workers on the content of these policies and programs.
Both workplace violence and workplace harassment programs must include measures and procedures for workers to report incidents of workplace violence and harassment and set out how the employer will investigate and deal with incidents or complaints. Workplace violence programs must include measures and procedures to control these risks, and for summoning immediate assistance when workplace violence occurs or is likely to occur.
Employers and supervisors must provide information to workers about the risk of workplace violence from a person with a history of violent behaviour if the worker:
can be expected to encounter that person in the course of work, and
is likely at risk of physical injury.
Personal information may be disclosed, but only what is reasonably necessary to protect the worker from physical injury.
Employers who are aware, or ought reasonably to be aware, that domestic violence may occur in the workplace must take every precaution reasonable in the circumstances to protect a worker at risk of physical injury.
Rights and responsibilities
Everyone in a workplace has a role to play in ensuring it is safe, healthy and free of violence and harassment.
Workers have the same rights and responsibilities under the Occupational Health and Safety Act for violence prevention as they do for other hazards in a workplace. They must report potential workplace hazards to employers.
Workers have the right to refuse work if they have reason to believe they are in danger of workplace violence. The Act sets out a specific procedure that must be followed in a work refusal.
All workers have the right to refuse unsafe work, but for some workers, this right is limited. Certain workers who have a responsibility to protect public safety (for example police officers, firefighters, workers employed in correctional institutions and health care workers) cannot refuse unsafe work if the danger in question is a normal part of the job or if the refusal would endanger the life, health or safety of another person. For these workers, the limited right to refuse unsafe work remains with respect to the hazard of workplace violence.
Reprisals by employers (such as penalizing, dismissing, disciplining, suspending or threatening to do any of these things to a worker exercising their rights, including the right to refuse unsafe work under the Occupational Health and Safety Act) remain prohibited.
In an emergency or if there is immediate danger
Contact police first in emergency situations. If a situation has turned violent or if there is a threat of violence occurring, employers and workers should call police. Police officers deal with violent individuals and matters under the Criminal Code.
Telling your employer
Workers should report threats or incidents of workplace violence to the employer.
Calling the Ministry of Labour
The Ministry of Labour enforces Ontario’s Occupational Health and Safety Act. Workplace health and safety complaints should first be brought to the attention of the supervisor or employer, to the Joint Health and Safety Committee, if there is one, or to the Health and Safety Representative. The ministry encourages internal resolution of complaints, but if concerns remain, workplace parties can contact the nearest Ministry of Labour office.
The employer duty to notify the Ministry of Labour includes critical injury or fatalities from workplace violence.
Resources
Ministry of Labour
For more information about the Bill 168 amendments to the Occupational Health and Safety Act: Workplace Violence and Workplace Harassment.
Workplace Violence and Harassment: Understanding the Law
This compliance guideline helps workplace parties understand their rights and responsibilities regarding workplace violence and workplace harassment requirements in the Occupational Health and Safety Act.
Copies of the Guide may be purchased from ServiceOntario. Call toll-free:
Employment Standards
For information about hours of work, leaves of absence, termination, and other questions related to minimum standards that employers and employees must follow, please contact the Ministry of Labour’s Employment Standards Information Centre toll-free at
Health and Safety Associations
Ontario’s four Health and Safety Associations provide resources and training about workplace violence and workplace harassment.
Website: Health and Safety Associations
Canadian Centre for Occupational Health and Safety (CCOHS)
CCOHS provides information about the warning signs of workplace violence and prevention tips.
Website: Canadian Centre for Occupational Health and Safety
Human Rights Legal Support Centre
The Centre offers human rights legal services to individuals in Ontario who believe they have experienced discrimination in the workplace contrary to Ontario’s Human Rights Code. Call toll-free:
Website: Human Rights Legal Support Centre
Ontario Human Rights Commission, Human Rights Tribunal
For some issues relating to workplace harassment, both the Ontario Human Rights Commission and the Human Rights Tribunal may be of assistance.
Websites: Ontario Human Rights Commission and Human Rights Tribunal
Ontario Women’s Directorate
The Directorate provides information to help women escape domestic violence that puts their safety and/or their children’s safety at risk.
Website: Ontario Women’s Directorate
Ministry of Community and Social Services
The Ministry has a variety of programs and services to help women and their children live free of domestic violence.
Website: Ministry of Community and Social Services
Assaulted Women’s Helpline
This service offers crisis counselling and referrals to shelters, legal advice and other help. For more information, call toll-free:
Stop family violence: it’s everybody’s business
This website features toolkits and resources on family violence prevention.
Website: Stop family violence: it’s everybody’s business
Workplace Safety Is Everyone’s Responsibility.
We are working with our health and safety partners at the Workplace Safety & Insurance Board and Ontario’s Health and Safety Associations. Together, we are developing tools and resources to support employer compliance in meeting their obligations to assess workplace violence risks and develop workplace violence and workplace harassment policies and programs.
Employers are responsible to ensure that they are in full compliance with the Occupational Health and Safety Act at all times. Please check the Ministry of Labour’s website regularly to ensure you have the most current information available.

19. Resources (Contd)
Workplace Violence and Harassment: Understanding the Law
This compliance guideline helps workplace parties understand their rights and responsibilities regarding workplace violence and workplace harassment requirements in the Occupational Health and Safety Act.
Copies of the Guide may be purchased from ServiceOntario. Call toll-free:

20. Resources (Contd) Employment Standards
For information about hours of work, leaves of absence, termination, and other questions related to minimum standards that employers and employees must follow, please contact the Ministry of Labour’s Employment Standards
Information Centre toll-free at

21. Resources (Contd) Health and Safety Associations
Ontario’s four Health and Safety Associations provide resources and training about workplace violence and workplace harassment.
Website: Health and Safety Association
Canadian Centre for Occupational Health and Safety (CCOHS)
CCOHS provides information about the warning signs of workplace violence and prevention tips.

22. Resources (Contd) Ministry of Community and Social Services
The Ministry has a variety of programs and services to help women and their children live free of domestic violence.
Website: Ministry of Community and Social Services

23. Resources (Contd) Assaulted Women’s Helpline
This service offers crisis counselling and referrals to shelters, legal advice and other help. For more information, call toll-free:

24. Resources (Contd)
The Centre offers human rights legal services to individuals in Ontario who believe they have experienced discrimination in the workplace contrary to Ontario’s Human Rights Code. Call toll-free:
Website: Human Rights Legal Support Centre

25. Source : http://www.labour.gov.on.ca
Every employer in Ontario must prepare and review, at least annually, a policy on workplace violence, as required by the Occupational Health and Safety Act [Section (1)(a) and (c)].
This policy is required regardless of the size of the workplace or the number of workers.
If six or more workers are regularly employed at a workplace, this policy must be in writing and posted in a conspicuous place in the workplace.
If fewer than six workers are regularly employed at the workplace, the policy does not necessarily have to be written [Sections (2) and (3)]. However, a Ministry of Labour inspector may order the policy to be in writing [Section 55.1].
Employers may choose to prepare a separate workplace violence policy or they may choose to combine it with another policy required by the Occupational Health and Safety Act such as the workplace harassment policy [Section (1)(b)] or occupational health and safety policy [Section 25(2)(j)].
The workplace violence policy should:
show an employer’s commitment to protecting workers from workplace violence;
address violence from all possible sources (customers, clients, employers, supervisors, workers, strangers and domestic/intimate partners);
outline the roles and responsibilities of the workplace parties in supporting the policy and program; and
be dated and signed by the highest level of management at the workplace.
See Appendix A for an example to help you develop your workplace violence policy.
Can the workplace violence policy and program be combined?
Yes, as long as all of the requirements for the policy and program are complied with. Although the Occupational Health and Safety Act does not require the program to be in writing, an employer may choose to combine the workplace violence policy and program.
2.3 Assessing the Risks of Workplace Violence
Under the Occupational Health and Safety Act, the employer has a number of responsibilities for assessing the risks of workplace violence.
The employer must:
assess the risk of workplace violence that may arise from the nature of the workplace, type of work or conditions of work [Section (1)].
take into account the circumstances of the workplace and circumstances common to similar workplaces, as well as any other elements prescribed in regulation [Section (2)]; and,
develop measures and procedures to control identified risks that are likely to expose a worker to physical injury. These measures and procedures must be part of the workplace violence program [Section (2)(a)].
The employer must advise the joint health and safety committee or health and safety representative of the assessment results. If the assessment is in writing, the employer must provide a copy to the committee or the representative [Section (3)(a)].
If there is no committee or representative, the employer must advise workers of the assessment results. If the assessment is in writing, the employer must provide copies to workers on request or advise the workers how to obtain copies [Section (3)(b)].
Employers must repeat the assessment as often as necessary to ensure the workplace violence policy and related program continue to protect workers from workplace violence [Section (4)] and inform the joint health and safety committee, health and safety representative, or workers of the results of the re-assessment [Section (5)].
What is meant by the phrase “the nature of the workplace,” the “type of work” or the “conditions of work”?
The nature of the workplace refers to the physical aspects of the workplace, whether it is a building, construction site, vehicle, or forest. This may include workplace lighting, lines of sight, depth of counters, entrances, exits and objects that could be used to hurt workers.
The type of work refers to the activities workers perform (such as handling cash), the sector of work (such as health care) and people with whom workers interact (such as customers, clients or patients).
The conditions of work refers to other aspects such as hours worked, the surrounding neighbourhood and whether workers move from location to location, work alone or in isolation.
What is meant by the phrase “circumstances specific to the workplace”?
Circumstances specific to the workplace could include:
layout and design of the workplace;
geographic location of the workplace;
work carried out and conditions of work, including activities or circumstances associated with a higher risk of violence (see list below);
protective measures and procedures, including security measures, that may already be in place; and
past violent incidents in the workplace.
A number of activities or circumstances may increase the risk of workplace violence. These include:
handling cash;
protecting or securing valuables;
transporting people and goods;
a mobile workplace (such as a vehicle);
public or community contact;
working with unstable or volatile people;
working alone or with just a few people; and
working late nights or very early mornings.
How does the employer take into account “circumstances that would be common to similar workplaces”?
A specific workplace may not have experienced a violent incident, but may share risks of workplace violence with similar workplaces.
The risk of violence may be higher in certain sectors such as health care, social services, retail, hospitality, education, transportation, police, security and correctional facilities.
Similar workplaces may also have activities or work conditions in common.
See above for a list of circumstances or activities that may increase the risk of workplace violence.
Can one assessment be done for multiple workplaces?
An assessment of the risks of workplace violence should be specific to the workplace.
A similar type of work may be performed in multiple locations. However, the assessment must take into account the nature of the workplace and conditions of work. Each location should be assessed for its own unique risks of workplace violence in addition to the common risks.
For example, a company may operate many retail stores, all providing the same services. However, each store would have a unique location, surroundings and clientele, etc. In addition, the stores may have different interior physical layouts, equipment or hours of operation.
So, even though the risks of workplace violence for the services provided may be similar, each store may have different risks specific to its particular location.
How can an assessment be done if workers are constantly changing locations (e.g. mobile workers)?
An assessment may not be able to take into account the specific risks related to the nature of every workplace that a mobile worker may visit.
However, the assessment should take into account risks associated with the worker’s vehicle. It should also consider risks associated with the type of work and work conditions. For example, a salesperson carrying valuable stock could be at risk for robbery.
The workplace violence program must have measures and procedures in place to control the risks faced by mobile workers.
Is the employer required to assess the risks of violence between individual workers?
The Occupational Health and Safety Act does not require an employer to proactively assess the risks of violence between individual workers. It could be difficult for the employer to predict when violence may occur between individual workers
However, a review of incidents or threats of violence from all sources may indicate the origins of workplace violence and likelihood of violence between workers at a particular workplace.
How often should reassessment take place?
The risks of workplace violence should be re-assessed as often as is necessary to protect workers from workplace violence. For example, a reassessment should be undertaken if:
the workplace moves or the existing workplace is renovated or reconfigured;
there are significant changes in the type of work (for example, more expensive items are being sold);
there are significant changes in the conditions of work (for example, closing at a later hour);
there is new information on the risks of workplace violence; or,
a violent incident indicates a risk related to the nature of the workplace, type of work, or conditions of work was not identified during an earlier assessment.
It is recommended the employer review the assessment at least annually.
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