A new bill has been introduced in the Ontario Legislature that sought to amend the provincial Occupational Health and Safety Act to include provisions dealing with workplace harassment and violence.
Andrea Horwath, MPP for Hamilton Centre, filed the proposed legislation following the release of the recommendations from an inquiry into the death of Lori Dupont, a Windsor, Ont. nurse reportedly killed by an ex-boyfriend who is a doctor at the same hospital where Dupont worked.
A new bill has been introduced in the Ontario Legislature that sought to amend the provincial Occupational Health and Safety Act to include provisions dealing with workplace harassment and violence.
Andrea Horwath, MPP for Hamilton Centre, filed the proposed legislation following the release of the recommendations from an inquiry into the death of Lori Dupont, a Windsor, Ont. nurse reportedly killed by an ex-boyfriend who is a doctor at the same hospital where Dupont worked.
“This is yet another coroner’s inquest that indicate that there are changes necessary to the Occupational Health and Safety Act to help protect workers from harassment and violence in the workplace,” said Horwath, explaining that one of the impetus for the introduction of the bill was the Dupont case.
Although the bill was initially intended to address sexual harassment in the workplace, Horwath said the proposed legislation has since been expanded to include general workplace-related harassment and violence, including bullying, discrimination and other types of human rights violation.
Horwath noted that other provinces, such as Manitoba, Quebec and Saskatchewan, are well ahead of Ontario in terms of having legislation that specifically pertain to harassment and violence in the workplace.
A Statistics Canada study in 2004 revealed that almost 20 per cent of all incidents of violence in Canada, including physical assault, sexual assault and robbery, happened in the workplace. Over 70 percent of these workplace incidents were classified as physical assaults.
At a recent forum of Ontario safety professionals hosted by the Canadian Society of Safety Engineers, Ontario Labour Minister Brad Duguid commented on the recommendations that came out of the Dupont inquiry, saying the government is “looking at those recommendations very, very closely right now.”
Although he did not specifically comment on Horwath’s proposed bill, Duguid stressed the issue needs a more “comprehensive” solution.
“I am looking at taking a little more comprehensive approach than just say, ‘If we change a couple of words in the regulation then that’s really going to make a difference.’ It can make a difference, but I’d like to take a look at a way to try to employ best practices among businesses, and better awareness that violence does take place in our workplaces and there are many ways in which that violence can be prevented,” Duguid said.
He noted that in addition to regulation, training and experience are important in preventing workplace violence.
“The ability and knowledge on how to de-escalate the situation is as important as workplace policies are,” Duguid said.
Horwath’s proposed legislation also came in the wake of an ongoing investigation at the Toronto Jail where a number of correctional guards have put forward complaints after receiving anonymous hate letters involving racially charged slurs and symbols.
The Toronto jail workers began a refuse-to-work action in January, citing provisions under the Occupational Health and Safety Act. According to news reports, however, the guards were immediately ordered to return to work by the Ministry of Labour saying their charges did not meet the criteria under the refuse-to-work provision of the act.
The refuse-to-work criteria of the current Occupational Health and Safety Act only pertain to dangers posed by the “physical condition” of the workplace or the machinery or equipment that the worker uses.
“This is exactly the kind of thing that this bill is meant to address,” said Horwath. “It’s meant to acknowledge and recognize that workers can be vulnerable to physical (harm) that is not just a matter of, for example exposure to chemicals or to equipment or some of the more traditional pieces that the Occupational Health and Safety Act in the past has had regard to.”
Horwath’s bill, which passed first reading, specifies a refuse-to-work provision if the worker has “reason the believe that workplace-related harassment or violence is likely to endanger himself, herself or another worker.”
The Ontario Public Service Union (OPSEU), which is currently working on the Toronto Jail case on behalf of the jail guards, welcomed the proposed legislation saying the amendment would give the Occupational Health and Safety Act "a little bit more teeth" when it comes to workplace harassment.
"The current Occupational Health and Safety Act will protect you against anything except people," noted Don Ford, spokesperson for the OPSEU. "This is definitely something that is missing from the regulations. Hopefully this amendment will help close that a little bit," Ford added.
