Maritime Occupational Health and Safety Regulations (SOR/2010-120)

99. (1) The employer must assess the potential for work place violence by using the factors identified under section 98 and taking into account, at a minimum, the following:

• (a) the nature of the work activities;

• (b) the working conditions;

• (c) the design of the work activities and surrounding environment;

• (d) the frequency of situations that present a risk of work place violence;

• (e) the severity of the adverse consequences to an employee exposed to a risk of work place violence;

• (f) the observations and recommendations of the policy committee or, if there is no policy committee, the work place committee or the health and safety representative, and of the employees; and

• (g) the measures that are already in place to prevent and protect against work place violence.

(2) The employer, when consulting with the policy committee or, if there is no policy committee, the work place committee or the health and safety representative, must not disclose information whose disclosure is prohibited by law or could reasonably be expected to threaten the safety of individuals.

100. (1) Once an assessment of the potential for work place violence has been carried out under section 99, the employer must develop and implement systematic controls to eliminate or minimize work place violence or the risk of work place violence to the extent reasonably practicable.

(2) The controls must be developed and implemented as soon as practicable, but not later than 90 days after the day on which the risk of work place violence has been assessed.

(3) Once controls referred to in subsection (1) are implemented, the employer must establish procedures for appropriate follow-up maintenance and corrective measures, including measures to promptly respond to unforeseen risks of work place violence.

(4) Any controls established to eliminate or minimize work place violence must not create or increase the risk of work place violence.

101. (1) The employer must review the effectiveness of the work place violence prevention measures set out in sections 97 to 100 at least once every three years and update them whenever there is a change that compromises the effectiveness of those measures.

(2) The review must include consideration of the following:

• (a) work place conditions and work locations and activities;

• (b) work place inspection reports;

• (c) the employees’ reports and the employer’s records of investigations into work place violence or the risk of work place violence;

• (d) work place health and safety evaluations;

• (e) data on work place violence or the risk of work place violence in the employees’ work place or in similar work places;

• (f) the observations of the policy committee, or if there is no policy committee, the work place committee or the health and safety representative; and

• (g) other relevant information.

(3) The employer must keep, for a period of three years, a paper or electronic record of findings following the review of the work place violence prevention measures and make it readily available for examination by a health and safety officer.