Canada Occupational Health and Safety Regulations (SOR/86-304)

Regulations are current to 2014-04-02 and last amended on 2013-12-12. Previous Versions

Reports

  •  (1) If a program evaluation has been conducted under section 19.7, the employer shall prepare a program evaluation report.

  • (2) The employer shall keep readily available every program evaluation report for six years after the date of the report.

  • SOR/2005-401, s. 2;
  • SOR/2009-84, s. 4.

PART XXVIOLENCE PREVENTION IN THE WORK PLACE

Interpretation

 The employer shall carry out its obligations under this Part in consultation with and the participation of the policy committee or, if there is no policy committee, the work place committee or the health and safety representative.

  • SOR/2008-148, s. 1.

 In this Part, “work place violence” constitutes any action, conduct, threat or gesture of a person towards an employee in their work place that can reasonably be expected to cause harm, injury or illness to that employee.

  • SOR/2008-148, s. 1.

Work Place Violence Prevention Policy

 The employer shall develop and post at a place accessible to all employees a work place violence prevention policy setting out, among other things, the following obligations of the employer:

  • (a) to provide a safe, healthy and violence-free work place;

  • (b) to dedicate sufficient attention, resources and time to address factors that contribute to work place violence including, but not limited to, bullying, teasing, and abusive and other aggressive behaviour and to prevent and protect against it;

  • (c) to communicate to its employees information in its possession about factors contributing to work place violence; and

  • (d) to assist employees who have been exposed to work place violence.

  • SOR/2008-148, s. 1.

Identification of Factors that Contribute to Work Place Violence

 The employer shall identify all factors that contribute to work place violence, by taking into account, at a minimum, the following:

  • (a) its experience in dealing with those factors and with work place violence;

  • (b) the experience of employers in dealing with those factors and with violence in similar work places;

  • (c) the location and circumstances in which the work activities take place;

  • (d) the employees’ reports of work place violence or the risk of work place violence;

  • (e) the employer’s investigation of work place violence or the risk of work place violence; and

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

  • SOR/2008-148, s. 1.

Assessment

  •  (1) The employer shall assess the potential for work place violence, using the factors identified under section 20.4, by 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 the 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, shall not disclose information whose disclosure is prohibited by law or could reasonably be expected to threaten the safety of individuals.

  • SOR/2008-148, s. 1.