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

102. (1) The employer must develop in writing and implement emergency notification procedures to summon assistance if immediate assistance is required, in response to work place violence.

(2) The employer must ensure that employees are made aware of the emergency notification procedures applicable to them and that the text of those procedures is posted at a conspicuous location accessible to those employees.

(3) In the development and implementation of emergency notification procedures, the employer’s decision whether or not to notify the police must take into account the nature of the work place violence and the concerns of employees who experienced the work place violence.

(4) If the police are investigating a violent occurrence, the work place committee or the health and safety representative must be notified of their investigation, unless notification is prohibited by law.

(5) The employer must develop and implement measures to assist employees who have experienced work place violence.

103. (1) In this section, “competent person” means a person who

• (a) is impartial and is seen by the parties to be impartial;

• (b) has knowledge, training and experience in issues relating to work place violence; and

• (c) has knowledge of relevant legislation.

(2) If an employer becomes aware of work place violence or alleged work place violence, the employer must try to resolve the matter with the employee as soon as feasible.

(3) If the matter is unresolved, the employer must appoint a competent person to investigate the work place violence and provide that person with any relevant information whose disclosure is not prohibited by law and that would not reveal the identity of persons involved without their consent.

(4) The competent person must investigate the work place violence and at the completion of the investigation provide the employer with a written report containing their conclusions and recommendations.

(5) The employer must, on completion of the investigation into the work place violence,

• (a) keep a record of the report from the competent person;

• (b) provide the work place committee or the health and safety representative, as the case may be, with the report of the competent person, providing information whose disclosure is not prohibited by law and that would not reveal the identity of persons involved without their consent; and

• (c) adapt or implement, as the case may be, controls referred to in subsection 100(1) to prevent a recurrence of the work place violence.

(6) Subsections (3) to (5) do not apply if

• (a) the work place violence was caused by a person other than an employee;

• (b) it is reasonable to consider that engaging in the violent situation is a normal condition of employment; and

• (c) the employer has effective procedures and controls in place, involving employees, to address work place violence.

104. (1) The employer must provide information, instruction and training in the factors that contribute to work place violence that are appropriate to the work place of each employee exposed to work place violence or a risk of work place violence.

(2) The employer must provide information, instruction and training

• (a) before assigning to an employee any new activity for which a risk of work place violence has been identified; and

• (b) when new information on work place violence becomes available.

(3) The information, instruction and training must include the following:

• (a) the nature and extent of work place violence and how employees may be exposed to it;

• (b) the communication system established by the employer to inform employees about work place violence;

• (c) information on what constitutes work place violence and on the means of identifying the factors that contribute to work place violence;

• (d) the work place violence prevention measures set out in sections 97 to 100; and

• (e) the employer’s procedures for reporting on work place violence or the risk of work place violence.

(4) At least once every three years and in either of the following circumstances, the employer must review and update, if necessary, the information, instruction and training provided:

• (a) when there is a change in respect of the risk of work place violence; or

• (b) when new information on the risk of work place violence becomes available.

(5) The employer must keep signed records, in paper or electronic form, on the information, instruction and training that each employee is provided with for a period of two years after the day on which an employee ceases to perform an activity that has a risk of work place violence associated with it.