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Provided by CCOHS/produit par le CCHST


Violence in the Workplace

Last Updated: November 2016

Prepared by CCOHS

Listed below are sections of legislation which refer to violence in the workplace. Most Canadian jurisdictions have a "general duty provision" in their Occupational Health & Safety legislation which requires employers to take all reasonable precautions to protect the health and safety of employees. More information on this topic is available in the OSH Answers document OH&S Legislation - Due Diligence This provision would include protecting employees from a known risk of workplace violence.

In jurisdictions that do not have explicit legislation dealing with violence in the workplace, the general duties of an employer would apply. An overview of these duties can be found in the reference document " Occupational Health and Safety Responsibilities of Directors, Owners, Employers, Managers and Supervisors .

Many jurisdictions have legislation, about working alone, which also covers acts of violence. Please see the quick reference document " Working Alone for more details.

Since legislation is amended from time to time, it should be reviewed for the most current information. Enforcement and interpretation of any legislation or codes may vary from jurisdiction to jurisdiction. Canadian Governmental Occupational Health & Safety Departments http://www.ccohs.ca/oshanswers/information/govt.html) should be contacted for information on how the laws are enforced.

This list is prepared by CCOHS as part of the Canadian enviroOSH Legislation service This service is a comprehensive and easy to search compilation of the full text of Canadian health, safety and environmental legislation and critical guidelines and codes of practice from all jurisdictions. All the legislation is compiled into one convenient location and is regularly updated with amendments highlighted.

Subscribers to this service and paid learners of the CCOHS e-courses have access to the full text of the legislation listed in this document. To become a subscriber please contact Client Services

OSH Answers on Violence in the Workplace

Bullying in the Workplace

Internet Harassment or Cyberbullying

Violence in the Workplace

Violence in the Workplace - Negative Interactions

Violence in the Workplace - Parking Lot Safety

Violence in the Workplace - Warning Signs

Violence in the Workplace - Working Late

Canada

Canada Labour Code, Part II R.S.C. 1985, c. L-2

Part II, "Occupational Health and Safety"

"Duties of Employers"

Section 124, "General duty of employer"

Section 125, "Specific duties of employer"

Subsection 125(z.16)

Canada Occupational Health and Safety Regulations, SOR/86-304

Part XX, "Violence Prevention in the Work Place"

Alberta

As made under the Occupational Health and Safety Act,

Occupational Health and Safety Code, 2009

Part 27, Violence

Section 389, Hazard assessment

Section 390, Policy and procedures

Section 391, Instruction of workers

Section 392, Response to incidents

Occupational Health and Safety Code 2009 Part 27 Explanation Guide: Violence

British Columbia

As made under the Workers Compensation Act,

Occupational Health and Safety Regulation, B.C. Reg. 296/97

Part 4, General Conditions

Workplace Conduct

Section 4.24, Definition

Section 4.25, Prohibition

Section 4.26, Investigation

Violence in the Workplace

Section 4.27, Definition

Section 4.28, Risk assessment

Section 4.29, Procedures and policies

Section 4.30, Instruction of workers

Section 4.31, Advice to consult physician

TAKE CARE: How to develop and implement a workplace violence prevention program

Manitoba

As made under the Workplace Safety and Health Act,

Workplace Safety and Health Regulation, Man. Reg. 217/2006

Part 9, Working Alone or in Isolation

Section 9.1, Application

Section 9.2, Risk identification

Section 9.3, Safe work procedures

Part 10, Harassment

Section 10.1, Harassment prevention policy

Section 10.2, Required statements

Section 10.3, Posting policy

Part 11, Violence in the Workplace

Section 11.1, Application

Section 11.2, Employer must assess risk of violence

Section 11.3, Violence prevention policy

Section 11.4, Content of violence prevention policy

Section 11.5, Policy and information to be given to workers

Section 11.6, Employer's obligation to investigate and implement control measures

Section 11.7, Annual report on violent incidents

Section 11.8, Workplaces used to provide healthcare services

See also:

Manitoba Labour, Guide for Preventing Harassment in the Workplace (Rev. 2015)

Manitoba Labour, Guide for Preventing Violence in the Workplace (2011)

New Brunswick

Occupational Health and Safety Act, A.N.B. 1983, c. O-0.2

Section 9, Duties of employer

Newfoundland and Labrador

As made under the Occupational Health and Safety Act

Occupational Health and Safety Regulations, 2012, N.L.R. 5/12

Part III, General Duties

Section 22, Violence prevention

Section 23, Procedures and policies

Section 24, Instruction to workers

Northwest Territories

As made under the Safety Act

Occupational Health and Safety Regulations, R-039-2015

Section 35, Violence

Working Alone Code of Practice (Effective June 1, 2015)

Nova Scotia

As made under the Occupational Health and Safety Act,

Violence in the Workplace Regulations, N.S. Reg. 209/2007

A Guide to the Violence in the Workplace Regulations for the Retail Gas Industry, http://novascotia.ca/lae/healthandsafety/docs/ViolenceGuideRetailGas.pdf

A Guide to the Violence in the Workplace Regulations for the Taxi Industry, http://novascotia.ca/lae/healthandsafety/docs/ViolenceGuideTaxiIndustry.pdf

A Guide to the Violence in the Workplace Regulations for Convenience and Small Retail Stores, http://novascotia.ca/lae/healthandsafety/docs/ViolenceGuideSmallRetailStores.pdf

Nunavut

As made under the Safety Act,

Occupational Health and Safety Regulations, R-003-2016 Section 35, Violence

Working Alone Code of Practice (Effective Mar. 29, 2016)

Ontario

Occupational Health and Safety Act, R.S.O. 1990, c. O.1

Section 1, Definitions

Part III.0.1, Violence and Harassment

Section 32.0.1, Policies, violence and harassment

Section 32.0.2, Program, violence

Section 32.0.3, Assessment of risks of violence

Section 32.0.4, Domestic violence

Section 32.0.5, Duties re violence

Section 32.0.6, Program, harassment

Section 32.0.7, Duties re harassment

Section 32.0.8, Information and instruction, harassment

Section 55.3, Order for workplace harassment investigation

See also:

Workplace Violence and Harassment: Understanding the Law

Prince Edward Island

As made under the Occupational Health and Safety Act,

Occupational Health and Safety Act General Regulations, EC180/87

Part 52, Violence in the Workplace

Section 52.1, violence, defined

Section 52.2, Risk assessment of workplace

Section 52.3, Risk identified

Section 52.4, Inform workers of risk

Section 52.5, Consult physician

Guide to the Prevention of Workplace Violence

Quebec

Act respecting labour standards,

Division V.2, Psychological Harassment

Sections 81.18 to 81.20

Division II.1, Recourse Against Psychological Harassment

Sections, 123.6 to 123.16

Saskatchewan

Saskatchewan Employment Act, S.S. 2013, c. S-15.1

Section 3-21, Duty re policy statement on violence and prevention plan

Occupational Health and Safety Regulations, 1996, R.R.S., c. O-1, r. 1

Part III, General Duties

Section 36, Harassment

Section 37, Violence

See also:

Violence: A Guide to Developing a Violence Policy Statement

Yukon

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