Maritime Occupational Health and Safety Regulations

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 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 the victim’s engagement 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.