16.1 INTRODUCTION

The Occupational Health and Safety Act was amended by Bill 168 to deal with Workplace Harassment and Workplace Violence. All incidents of violence or harassment must be reported, regardless of severity. The West Egg Group has a zero-tolerance policy towards violence in the workplace. This policy applies to employees, customers, visitors, suppliers and contractors. This policy extends to our virtual workplace. 

Incidents of violence and harassment should be reported orally and/or in writing to your direct Manager, another Manager or Human Resources. Employees are expected to act in good faith when reporting these incidents. The West Egg Group will act to protect the privacy of individuals involved and will disclose the minimum amount of information required to investigate these incidents. Any false complaints or information is prohibited with immediate disciplinary action taken up to and including termination of employment. 

16.2 DEFINITION OF WORKPLACE HARASSMENT

Workplace harassment is “Engaging in a course of vexatious comment or conduct against a worker in a workplace that is known or ought reasonably to be known to be unwelcome.” Workplace harassment can occur in person or virtually, the same measures will be taken internally. 

16.3 DEFINITION OF WORKPLACE VIOLENCE

Workplace violence is:

1. The exercise of physical force by a person against a worker, in a workplace, that causes or could cause physical injury to the worker.
2. An attempt to exercise physical force against a worker, in a workplace, that could cause physical injury to the worker.
3. A statement or behaviour that it is reasonable for a worker to interpret as a threat to exercise physical force against the worker, in a workplace, that could cause physical injury to the worker.

Based on this, The West Egg Group has developed a policy and program with respect to workplace harassment and workplace violence and will take the necessary steps reasonably to protect all employees from all sources.

This program is divided into three sections.

• Section 1: Identifies the duties and definitions that The West Egg Group must adhere to.
• Section 2: Identifies the program and individual responsibilities for Employees,

Supervisors, Managers, and Senior Management.

• Section 3: Identifies the forms and processes to be followed.

16.4 SECTION 1: DUTIES AND DEFINITIONS

Under Bill 168, employers must create Workplace Violence and Harassment Policies, develop programs to implement such policies, and engage in assessments to measure the risk of workplace violence. Under the Working for Workers Six Act, 2024, these policies extend into the virtual workplace including and not limited to video and phone calls, e-mail communications and messaging platforms, time and attendance platforms, etc.

The Bill requires employers with more than five employees to prepare written policies dealing with Workplace Violence and Harassment. All workers must be trained on these policies, which must be posted in conspicuous places in the workplace, posted virtually and reviewed by the employer annually.

Employers are to assess the risk of Workplace Violence that may arise “as often as is necessary” to ensure the workplace violence policy and program protects workers. Although there is no specification as to the frequency of such reassessments, The West Egg Group conducts such reassessments after an incident of workplace violence, or annually, whichever occurs first. In addition to taking into account its own workplace conditions, our assessments must also take into account the conditions of other similar workplaces. The West Egg Group must advise the Joint Health and Safety Committee of the results of the assessment. If the assessment is in writing, a copy must be provided.

Risk assessments should be conducted by competent individuals who have broad experience and understanding of the workplace. Detailed documentation of the assessment should be maintained.

Under Bill 168, employers are required to develop and maintain a program to implement workplace violence and harassment policies.

The workplace violence program must include measures and procedures to:

• Control the risks identified in the workplace violence assessment.
• Call for immediate assistance when workplace violence occurs or is likely to occur, or

when a threat of workplace violence is made.

• Report incidents or threats of workplace violence to the employer or supervisor.
• Establish how the employer investigates and manages incidents, complaints, or threats of

workplace violence.

This Workplace Harassment program must include procedures for reporting, investigating, and dealing with incidents of Workplace Harassment.

The requirement to establish and implement such programs is an expansion of the long-standing duty of employers under s. 25 of the OHSA to “develop, maintain, and post” programs to implement Occupational Health and Safety policies.

Employers are required to provide information and instruction on the contents of the policy and program with respect to workplace violence and harassment. The information and instruction must be appropriate and relevant for the individual worker and should be individualized to be most effective. Training will be provided. 

Bill 168 specifically addresses the issue of domestic violence in the workplace by requiring employers to “take every precaution reasonable in the circumstances” to protect workers from domestic violence that would likely cause physical injury to workers in the workplace. This obligation on the employer arises only if the employer is aware, or ought reasonably to be aware, of the situation that could flow into the workplace.

Due to the pandemic, domestic violence has expanded to any work from home tasks and duties. The West Egg Group will take all reasonable precautions necessary once aware that there is a domestic violence situation at home during work hours up to and including wellness checks, providing hotline number information for external resources and potential reasonable accommodation to protect the impacted employee while at the workplace.  

16.4.1 DEFINITION OF DOMESTIC VIOLENCE

Domestic violence is widely understood to be a pattern of behaviour used by one person to gain power and control over another person with whom he or she has or has had an intimate relationship. This pattern of behaviour may include physical violence, sexual, emotional, and psychological intimidation, verbal abuse, stalking, and using electronic devices to harass and control. Anyone can be a victim of domestic violence, whatever their age, race, economic status, religion, sexual orientation, or education.

Bill 168 imposes the obligation on employers and supervisors to provide information, including personal information, to a worker about a person with “a history of violent behaviour” if:

• The worker could be expected to encounter that person in the course of his/ her work.
• There is a risk of workplace violence likely to expose the worker to physical injury.

Bill 168 contains no guidance on who would be a person with a “history of violent behaviour” or what types of information should be disclosed. The West Egg Group will take seriously any information about a person who has a history of “violent” and “harassing” behaviour in order for the disclosure obligation to be triggered. In addition, the “violent” behaviour does not necessarily have to be behaviour for which the individual was criminally. The West Egg Group has zero tolerance for violent behaviour in the workplace and includes termination resulting from a physical altercation.

Bill 168 clarifies that a worker may refuse to work where he or she has reason to believe that he or she is in danger of being a victim of workplace violence. The employee should immediately notify their Manager and/or Human Resources for a resolution prior to triggering a work refusal process. Resolutions may include involving police, walking them to their car, a buddy system and/or altering work area/shifts as deemed appropriate for the situation. If the resolution is deemed unsatisfactory after reasonable attempts with an employee, the normal work refusal process would be triggered (for example, the employer would investigate the refusal, followed by a Ministry of Labour inspector if necessary).

There is no corresponding right to refuse work where “harassment” is believed likely to endanger the Health and safety of a worker. Harassment will not be tolerated in person, through the internet, social media, virtually over video calls or by the telephone.

The first time there is an incident, the harassed should make it clear to the aggressor that their comments and/or behaviours are unwelcome and unwanted, and that they should cease immediately. The person being harassed should assess their personal safety risk in the circumstances to avoid any escalation and violence. If it is not safe to confront the individual in person, do not confront them and report the incident. 

Harassment and threats will be taken seriously. Do not be embarrassed to report. If you are not comfortable reporting the harassment to your Manager, report it to another Manager or Human Resources. If you witness harassment, report it. Appropriate accommodation for the employee will take place as determined by the Manager and/or Human Resources to ensure that the employee feels safe. Further, OHSA will continue to prohibit workers in certain public and broader public sector workplaces from refusing work where the unsafe condition is “inherent in the work” or is a “normal condition of employment”. Despite this, The West Egg Group will work to minimize incidents of harassment in the workplace.

Employers should:

1. Create written workplace violence and harassment policies. Such policies should:

• be brief and simple;
• convey that all employees are responsible for maintaining a safe workplace;
• provide clear definitions and/or examples of prohibited conduct;
• cover incidents involving co-workers as well as incidents involving outside

individuals;

• send a strong message that workplace violence and harassment is not

tolerated;

• provide a reporting and complaint procedure as well as the steps to be taken to

deal with or investigate any complaint.

2. Train employees on such policies.
3. Undertake risk assessments to determine the possibility or prevalence of

workplace violence or harassment and keep appropriate documentation of the process. The assessment process should include interviews with a sample of workers, a review of the physical workplace, a comparison of similar workplaces, a review of any previous incidents and the likelihood of interactions with the public, which could lead to danger or confrontation.

4. Disclose incidents of workplace violence and harassment with Human Resources, the joint Health and Safety committee and any risk assessments undertaken;
5. Provide ways for employees to report instances or risks of workplace violence and harassment (for example, in the policy and forms);
6. Discipline employees for not following workplace violence and harassment policies or for committing workplace violence or harassment, up to and including possible termination;
7. Offer confidential resources provided by HR to allow employees subject to workplace violence or harassment, or those with personal problems, to seek help ensure that proper safety and security measures are in place at the workplace to protect workers from members of the public or customers; and
8. Keep detailed records of any workplace violence or harassment, investigation or work refusal.

16.4.2 TRAINING AND EDUCATION

• All employees are required to be educated and trained on the contents of the Workplace Violence and Harassment Policy Statements.
• The individual responsible for orienting newly hired employees shall ensure a copy of the Workplace Violence and Harassment Policy Statements are provided to and reviewed with each new employee during the orientation process that takes place during their on-the-job training. Employees will receive updated training and documentation as the policy evolves over time.

• These policy statements must be posted so that they are available to all employees.

In addition, the training program for employees shall include:

• The potential risk of violence and harassment they may be exposed to at work.
• The policy, procedures and work arrangements that are in place to minimize

or eliminate workplace violence and harassment.

• How to recognize the situation in which there is a potential for violence and harassment, how

to respond appropriately to an incident of violence and harassment, including how to obtain

assistance.

• Procedures for reporting incidents of workplace violence and harassment.

Anyone who will be responsible to investigate and follow up on reported incidents or complaints of workplace violence or harassment shall receive the appropriate instruction.

16.5 SECTION 2: RESPONSIBILITIES FOR EMPLOYEES, SUPERVISORS, MANAGERS, AND SENIOR MANAGEMENT

The first step in the process is to find out as much information about the hazard of workplace violence or harassment in the workplace, the community and similar workplaces. One way is to get all employees to be involved in this stage and share findings within the Joint Health and Safety Committee to mitigate risk.

The second step is to assess the risks of violence or harassment in your workplace at each location. It is recommended that all employees be involved in this stage. Information gathered in step 1 will assist in the identification of any locations where violent incidents have occurred.

The third step is to create a workplace violence and harassment policy and program. Any data collected at step 2 will assist in developing a program. Information from various sources, Occupational Health and Safety Policy, Workplace Violence and Harassment Policy can be combined at this stage providing the information is clearly defined.

Once this information has been gathered, each site will need to be rated in terms of incidents as High, Moderate and Low.

Once these have been completed then the policy and any subsequent programs should be monitored to ensure their effectiveness by senior management to ensure that the program is in effect.

16.6 VIOLENCE REPORTING PROCEDURES

IMMEDIATE ASSISTANCE

Any employee who is a victim or witness to violence in the workplace should, as soon as safely possible, contact 911.

Once the immediate response is underway, the employee should call his/her immediate supervisor and advise him/her of the situation.

NON-IMMEDIATE ASSISTANCE

Employees with concerns of workplace violence (actual violence, attempted violence, threatened violence) that do not require an immediate response (including concerns about domestic violence which may flow into the workplace) should contact one of the following for advice and assistance: Their supervisor/manager/Director/Senior Team Member or Human Resources

In cases where criminal proceedings are forthcoming, The West Egg Group will assist police agencies, attorneys, insurance companies, and courts fully.

  Reviewed and updated annually, and as required. This document supersedes all previous versions.

Policy Prepared on: May 8, 2024

Policy Modified on: April 7, 2026