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

Regulations are current to 2016-01-25 and last amended on 2015-09-14. Previous Versions

Controls

  •  (1) Once an assessment of the potential for work place violence has been carried out under section 20.5, the employer shall develop and implement systematic controls to eliminate or minimize work place violence or a risk of work place violence to the extent reasonably practicable.

  • (2) The controls shall 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 shall 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 shall not create or increase the risk of work place violence.

  • SOR/2008-148, s. 1.

Work Place Violence Prevention Measures Review

  •  (1) The employer shall review the effectiveness of the work place violence prevention measures set out in sections 20.3 to 20.6 and update them whenever there is a change that compromises the effectiveness of those measures, but at least every three years.

  • (2) The review shall 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 shall keep, for a period of three years, a written or electronic record of findings following the review of the work place violence prevention measures, and make it readily available for examination by the Minister.

  • SOR/2008-148, s. 1;
  • SOR/2014-148, s. 12.

Procedures in Response to Work Place Violence

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

  • (2) The employer shall 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 location readily accessible to those employees.

  • (3) In the development and implementation of emergency notification procedures, the employer’s decision of whether or not to notify the police shall 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 shall be notified of their investigation, unless notification is prohibited by law.

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

  • SOR/2008-148, s. 1.

Notification and Investigation

  •  (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 shall try to resolve the matter with the employee as soon as possible.

  • (3) If the matter is unresolved, the employer shall 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 shall investigate the work place violence and at the completion of the investigation provide to the employer a written report with conclusions and recommendations.

  • (5) The employer shall, 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 20.6(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.

  • SOR/2008-148, s. 1.

Training

  •  (1) The employer shall provide information, instruction and training on 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 shall 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;

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

    • (c) at least every three years.

  • (3) The information, instruction and training shall 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 that have been developed under sections 20.3 to 20.6; 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 shall 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 shall maintain signed records, in paper or electronic form, on the information, instruction and training provided to each employee for a period of two years after the date on which an employee ceases to perform an activity that has a risk of work place violence associated with it.

  • SOR/2008-148, s. 1.
 
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