Under Ontario’s Occupational Health and Safety Act (OHSA), every workplace is required to implement a workplace violence and harassment prevention program. This program must adhere to the guidelines outlined in Part III.0.1 of the act, specifically designed to prevent violence and harassment in the workplace. The program must include a clear policy, procedural guidelines, reporting forms and comprehensive training. Furthermore, these policies need to be reviewed at least annually. In the context of a dairy farm, this means having a program in place that ensures the safety and dignity of your employees while remaining compliant with provincial regulations regarding workplace violence, bullying and harassment.
Shared responsibility for a safe workplace
Every individual in the workplace has a responsibility to ensure a safe environment where all workers are treated with dignity and respect. It is essential that violence, bullying and harassment are not tolerated, regardless of whether it originates from employees, supervisors, managers or visitors. The workplace violence and harassment prevention program applies not only to on-site activities but also to off-site locations and social situations related to work.
Employees are encouraged to report any incidents of violence or harassment. Management must handle all complaints in a respectful, fair and timely manner. Confidentiality will be maintained throughout the process, with information disclosed only when necessary to protect workers, investigate the incident, take corrective action or as legally required. Importantly, employees should not fear retaliation or discipline for reporting incidents or participating in investigations.
Employer responsibilities
Employers are legally obligated to take several steps to prevent workplace violence, bullying and harassment. These responsibilities include:
- Preventive measures: Employers must take reasonable steps to protect employees and others from violence, bullying and harassment.
- Risk assessment: Employers are required to assess their workplace and tasks to identify risks related to violence or harassment.
- Immediate assistance: Employees must be aware of how to request immediate help if violence occurs or is likely to occur.
- Procedural development: Employers must develop procedures for handling and controlling risks of violence, bullying and harassment.
- Incident reporting: Employers must provide a clear process for employees to report incidents to supervisors or another designated person if the supervisor is the alleged perpetrator.
- Investigation procedures: Employers must establish a system for investigating incidents or complaints and ensure confidentiality is maintained.
- Training: All employees should be trained in identifying, reacting to and reporting workplace violence, bullying and harassment.
- Policy posting: The workplace violence and harassment policy must be posted in a visible area of the workplace.
- Policy enforcement: Employers must ensure all parties comply with the policy and procedures.
Definitions of workplace violence, bullying and harassment
Workplace violence, bullying and harassment can take various forms, ranging from verbal abuse to physical assault. According to the OHSA:
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Workplace violence: Defined as:
- The use or attempted use of physical force by a person against a worker in a workplace that causes or could cause physical injury
- A statement or behaviour that a worker interprets as a threat of physical force that could cause harm
- Workplace harassment: Refers to a course of vexatious comment or conduct against a worker that is known or should reasonably be known to be unwelcome.
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Workplace sexual harassment: Includes:
- Vexatious comments or conduct based on sex, sexual orientation, gender identity or gender expression that are known or should be known to be unwelcome
- Making unwelcome sexual solicitations or advances by someone who has the authority to affect a worker’s benefits or advancement
While workplace harassment typically involves repeated incidents, it may also occur as a single occurrence, depending on the severity. Harassment can include offensive, embarrassing, humiliating, or demeaning words or actions, as well as behaviour that isolates, intimidates or discriminates.
It is also crucial to note that workplace harassment does not include reasonable actions taken by a supervisor to manage or direct workers, provided those actions are appropriate and within the scope of their responsibilities.
Examples of workplace violence, bullying and harassment
These behaviours can stem from various situations, including interpersonal conflicts, domestic violence or even unwelcome visitors. Disagreements between coworkers, workplace bullying or a domestic violence situation spilling over into the workplace are all potential sources of workplace violence or harassment.
Immediate actions when an incident occurs
If an employee becomes aware of or experiences an incident of workplace violence, harassment, bullying or any potentially dangerous situation, including domestic violence, they must notify their supervisor immediately. If needed, employees should call 911 for emergency assistance. Once management is informed of an incident, they must act promptly to ensure the safety of all workers and begin the investigation process. If required, a third party may be engaged to ensure a fair and comprehensive investigation.
Confidentiality is critical during the investigation, and information about the incident will only be shared when necessary to protect workers, to carry out the investigation or as required by law.
Investigation and corrective actions
After an investigation is conducted, the results should be communicated in writing to both the complainant and the respondent. If the investigation concludes that an employee engaged in workplace violence or harassment, appropriate corrective actions must be taken to address the behaviour and prevent further incidents.
Every workplace, including those on farms and dairies, must take workplace violence, bullying and harassment seriously. Ensuring the safety and dignity of all workers requires clear policies, appropriate preventive measures, effective training and a commitment to addressing and investigating all incidents swiftly and fairly.
References omitted but are available upon request by sending an email to the editor.
