What role can CCTV play in the prevention and investigation of workplace violence?
A:
On June 15, 2010, Bill 168, “An Act to amend the Occupational Health and Safety Act with respect to violence and harassment in the workplace and other matters” came into force in Ontario. It amends the Occupational Health and Safety Act (OHSA) to include definitions of workplace violence and workplace harassment.
Specifically, subsection 1(1) of OHSA is amended by adding the following definitions:
“Workplace harassment”
This means 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 violence” means
(a) the exercise of physical force by a person against a worker, in a workplace, that causes or could cause physical injury to the worker,
(b) an attempt to exercise physical force against a worker, in a workplace, that could cause physical injury to a worker,
(c) a statement or behaviour that 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.
The amendments to OHSA also impose new requirements for employers, as follows:
1. Employers will be required to develop written policies with respect to both workplace violence and workplace harassment which must be reviewed annually.
2. Employers must develop and maintain programs to implement the policies and to deal with incidents and complaints of workplace violence and harassment.
3. Employers must assess the risk of workplace violence that may arise from the nature of the workplace, the type of work or the conditions of work. The program developed to implement the workplace violence policy must include measures and procedures to control the risks identified in the assessment.
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