Workplace Violence & Harassment Policy Checker

Workplace Violence & Harassment in Ontario: What Bill 168 Requires

TL;DR

Every Ontario employer must prepare a written workplace violence policy and a separate written workplace harassment policy (OHSA s. 32.0.1), review both at least annually, and post them in a conspicuous place. The employer must also assess violence risks (s. 32.0.3), maintain written violence and harassment programs (s. 32.0.2 and s. 32.0.6), inform and instruct every worker (s. 32.0.5 and s. 32.0.8), and investigate every harassment complaint “appropriate in the circumstances” (s. 32.0.7). These duties apply to all Ontario workplaces regardless of size. Under OHSA s. 66 (maximums increased October 26, 2023), non-compliance can cost an individual up to $500,000, a director or officer up to $1,500,000, and a corporation up to $2,000,000 per offence, plus up to 12 months’ imprisonment.

Bill 168, which came into force on June 15, 2010, added sections 32.0.1 through 32.0.8 to the Occupational Health and Safety Act. These provisions require every Ontario employer to have written policies, conduct risk assessments, implement prevention programs, and train all workers on workplace violence and harassment. The requirements apply regardless of employer size, industry, or whether there has ever been an incident.

Why Bill 168 was passed

Bill 168 was a direct response to a series of workplace violence incidents in Ontario that exposed gaps in existing legislation. Before 2010, OHSA had no specific provisions addressing workplace violence or harassment. Employers had a general duty to maintain a safe workplace under section 25, but there were no requirements for written policies, risk assessments, or prevention programs targeting interpersonal violence and harassment. The most significant catalyst was the 2005 murder of Theresa Vince by her supervisor at a Sears store in Chatham, Ontario. The coroner's inquest into her death produced 26 recommendations, many of which became the foundation of Bill 168. The inquest found that the employer had been aware of the supervisor's threatening behaviour but lacked formal policies or procedures to address it. The legislature concluded that a general duty clause was insufficient — employers needed specific, enforceable obligations to assess violence risks, develop prevention programs, train workers, and investigate complaints. The result was Bill 168, which Ontario passed unanimously.

What is the difference between workplace violence and harassment?

Bill 168 creates parallel but distinct requirements for workplace violence and workplace harassment. The legal definitions are different and the response obligations differ. Workplace violence under OHSA section 1 means the exercise of physical force against a worker, an attempt to exercise physical force, or a statement or behaviour that a worker could reasonably interpret as a threat to exercise physical force. This includes domestic violence that enters the workplace — if an employer becomes aware that domestic violence may follow a worker to work, the employer must take every precaution reasonable in the circumstances. Workplace harassment 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. This includes bullying, intimidation, and sexual harassment. The 2016 amendments (Bill 132) expanded the harassment provisions to specifically address sexual harassment and strengthened the investigation requirements. Every employer must have a written policy for violence (s.32.0.1(1)(a)) and a written policy for harassment (s.32.0.1(1)(b)) — both live in the same section. The harassment program that implements the policy is a separate obligation under s.32.0.6. Some employers combine the two policies into one document, which is acceptable as long as both sets of requirements are clearly addressed. Both policies must be reviewed at least annually and posted where workers can read them.

What must a workplace violence risk assessment include?

Section 32.0.3(1) requires the employer to assess the risks of workplace violence, taking into account the nature of the workplace, the type of work performed, and the conditions of work. This is not a one-time exercise — the assessment must be reassessed as often as necessary to ensure the policy and program remain adequate. In practice, this means reassessing after any incident, after a significant change in operations, or at least annually alongside the policy review. The assessment should document specific risk factors: Does your workplace handle cash? Do workers interact with the public? Are workers in isolated locations or working alone? Do workers deliver services to vulnerable or potentially volatile populations? Has there been a history of threats, aggressive behaviour, or actual violence? For construction companies, risks include confrontations between trades, disputes with homeowners, and the presence of tools that could be used as weapons. For healthcare and social services, patient or client violence is a primary concern. For retail, robbery and customer aggression are the main risks. For offices, the risks often centre on internal conflicts, termination situations, and domestic violence spillover. The completed assessment must be shared with the JHSC or H&S representative under s. 32.0.3(3), who may make recommendations. The employer must respond in writing to a committee's written recommendations within 21 days (OHSA s. 9(20)).

What must a prevention program contain?

Sections 32.0.2 (violence) and 32.0.6 (harassment) require the employer to develop and maintain programs to implement the policies. The violence prevention program must include measures and procedures to control risks identified in the risk assessment (s. 32.0.2(2)(a)), procedures for summoning immediate assistance when workplace violence occurs or is likely to occur (s. 32.0.2(2)(b)), and procedures for reporting incidents to the employer or supervisor (s. 32.0.2(2)(c)). The harassment prevention program must include procedures for reporting incidents — including a route to report when the employer or supervisor is the alleged harasser (s. 32.0.6(2)(b)) — procedures for investigating complaints (s. 32.0.6(2)(c)), and how the results of an investigation will be communicated to the complainant and respondent (s. 32.0.6(2)(e)). The violence program is reviewed at least annually alongside the policy; the harassment program must be reviewed at least annually under s. 32.0.7(1)(c). For the violence program, the "summoning immediate assistance" requirement means workers must know how to call for help — whether that is dialling 911, pressing a panic button, using a code word, or alerting a security team. On a construction site, this might mean ensuring every worker has a charged phone and knows the site address. In a retail store, it might mean a panic button at the register. In a healthcare facility, it might mean a personal alarm or duress code. The method must be documented in the program and all workers must be trained on it.

Who must be trained, and how often?

Section 32.0.5(2) (violence) and section 32.0.8 (harassment) require the employer to provide workers with information and instruction on the contents of the violence and harassment policies and programs. This means every worker must be trained on what constitutes workplace violence and harassment, how to report an incident, what the investigation process looks like, their right to refuse unsafe work under section 43 if they believe workplace violence is likely to endanger them, and what protections exist against reprisal for reporting. Supervisors need additional training on their duty to investigate and their obligations under section 27 — specifically, that they must take every precaution reasonable in the circumstances for the protection of a worker. OHSA does not prescribe a specific training frequency, but best practice is to train all new workers during orientation and provide annual refresher training. Training records should be maintained — who was trained, when, and on what topics. The Ministry of Labour may ask for training records during an inspection. If no records exist, the employer cannot prove compliance regardless of whether training actually occurred.

Who can investigate a harassment complaint?

Section 32.0.7(1)(a) requires that an investigation into a workplace harassment complaint be "appropriate in the circumstances" — a standard the 2016 Bill 132 amendments added and that the Ministry of Labour interprets as thorough, timely, impartial, and fair to both the complainant and the respondent. Impartiality means the investigator does not have a direct interest in the outcome and is not in a conflict of interest. Where an inspector is not satisfied the investigation met that standard, section 55.3 lets the inspector order the investigation redone by an impartial person, at the employer's expense. For small businesses, this can be challenging. If the owner is the alleged harasser, an external investigator is the only option. Even when the complaint involves two employees, the owner's investigation may not be perceived as impartial if they have a closer relationship with one party. External workplace investigators typically charge $5,000 to $25,000 depending on complexity. The cost is the employer's obligation — it cannot be passed to the complainant or deducted from either party's pay. Both the complainant and the respondent must be informed in writing of the results of the investigation and any corrective action taken or that the employer plans to take. The employer is not required to share the full investigation report, but must share enough information that both parties understand the outcome. Corrective actions must be documented and followed through. A finding of harassment with no consequences is a compliance failure.

What is the employer's domestic-violence duty?

One of the most significant and least understood provisions of Bill 168 is the domestic violence obligation. According to OHSA s. 32.0.4, if an employer becomes aware, or ought reasonably to be aware, that domestic violence that would likely expose a worker to physical injury may occur in the workplace, the employer must take every precaution reasonable in the circumstances for the protection of the worker. This means if a worker discloses that their partner has made threats, or if a manager notices signs of domestic violence, the employer has a legal obligation to act. Reasonable precautions might include changing the worker's schedule or work location, alerting security, screening visitors, providing a safe parking spot, or working with police to develop a safety plan. The employer is not expected to solve the domestic situation — but they must take steps to prevent it from becoming a workplace safety issue. Construction companies often overlook this requirement because they associate domestic violence with office settings. But domestic violence can follow a worker to any jobsite, and a violent partner showing up at a construction site where tools and heavy equipment are present creates a serious hazard.

What are the penalties for non-compliance?

Non-compliance with the workplace violence and harassment provisions carries the same penalties as any other OHSA violation. According to OHSA s. 66 — whose maximums were increased and took effect October 26, 2023 — an individual convicted of an offence can be fined up to $500,000 and imprisoned for up to 12 months, a director or officer of a corporation up to $1,500,000 and up to 12 months, and a corporation up to $2,000,000 per offence. Directors and officers who fail to take all reasonable care to ensure compliance can be personally charged under section 32. The Ministry of Labour has made violence and harassment a priority enforcement area. During routine workplace inspections, inspectors now regularly ask to see violence and harassment policies, risk assessments, training records, and investigation files. The policies must be current — an annual review date within the last 12 months — and posted where workers can read them. An employer who responds to a policy request with "we have it somewhere in a binder" is not compliant. The policies must be accessible, current, and known to workers. In high-risk sectors — healthcare, social services, education, corrections, and retail — the Ministry conducts targeted enforcement blitzes specifically focused on violence and harassment compliance. These blitzes result in compliance orders, which become public record and can affect the employer's reputation and ability to bid on government contracts.

Related Ontario safety & compliance tools

This checker is part of ToolFluency's WSIB & OHSA compliance tools for Ontario employers. If you're setting up a health-and-safety program, pair it with the JHSC & Safety Rep Requirements tool (the risk assessment must be shared with your committee or rep), Critical Injury Reporting, and First Aid Requirements. Contractors running crews can keep training records, incident logs, and worker onboarding in one place with ToolFluency for Ontario contractors.

About Workplace Violence & Harassment Policy Checker

By the ToolFluency team · Updated July 2026

Free Ontario workplace violence and harassment compliance checker. Answer questions about your current policies and procedures to score compliance against OHSA ss. 32.0.1-32.0.8 (Bill 168). Identifies gaps, ranks priorities, and cites specific legal requirements.

How to use

Enter the worker count. The OHSA Part III.0.1 violence and harassment requirements (added by Bill 168, in force June 15, 2010; strengthened by Bill 132 in 2016) apply to every Ontario workplace regardless of size. Written-policy obligations engage immediately for any employer who regularly employs workers — the s. 32.0.1 violence and harassment policies are not optional even for small employers. Only the requirement to POST the policy is relaxed for workplaces of five or fewer workers (s. 32.0.1(3)), and an inspector can still order it posted (s. 55.1).
Step through the four pillars: (1) Written Policies — a violence policy under s. 32.0.1(1)(a) and a harassment policy under s. 32.0.1(1)(b), both reviewed at least annually (s. 32.0.1(1)(c)) and posted in a conspicuous place (s. 32.0.1(2)); (2) Risk Assessment — under s. 32.0.3(1), identify worker exposures (public contact, cash handling, working alone, late hours, vulnerable client populations) and reassess as conditions change (s. 32.0.3(4)); (3) Written Programs — a violence program under s. 32.0.2 and a harassment program under s. 32.0.6, the procedures that implement the policies, including how to summon immediate assistance (s. 32.0.2(2)(b)); (4) Training & Investigation — inform and instruct every worker under s. 32.0.5(2) (violence) and s. 32.0.8 (harassment), and investigate every harassment complaint 'appropriate in the circumstances' under s. 32.0.7(1)(a).
Run the s. 32.0.4 domestic-violence trigger check — has any worker disclosed a restraining order, fear of an ex-partner, stalking activity, or threatening communications? Once the employer is aware (or ought reasonably to be aware) that domestic violence may expose a worker to physical injury at work, it must take every precaution reasonable in the circumstances: changed work location, escort to vehicle, restricted-access lobby, modified hours, ESA Domestic or Sexual Violence Leave, communication protocol with police.
Verify the s. 32.0.6(2)(b) escalation path for complaints where the employer or supervisor is the alleged harasser. The harassment program must let a worker report to a person other than the employer or supervisor — often the JHSC worker co-chair or a pre-arranged external investigator, because the employer cannot investigate itself. External workplace-investigation services typically charge $5,000–$25,000 depending on complexity, and the cost is the employer's obligation; it cannot be passed to the complainant.
Tick each item compliant / gaps / not-started. The progress bar per pillar shows where to focus. Common gaps: no documented risk-assessment update in 12+ months (functionally a non-compliance), no anonymous reporting channel, no third-party investigator pre-arranged, no domestic-violence escalation procedure, no record of how 'summon immediate assistance' actually works on the floor.
Confirm the s. 50 reprisal protections are operational — every worker who reports in good faith is shielded from dismissal, discipline, or coercion, even if the complaint is ultimately unfounded. Where the harassment is on a Code-protected ground (sex, race, disability), the Ontario Human Rights Code attaches separate Tribunal jurisdiction; the OHSA investigation does not displace the Code complaint.
Print the program-template package: workplace violence and harassment policies (two separate documents, even if combined into one binder, both signed and dated within the last 12 months), risk-assessment worksheet with prior-incident history, complaint intake form, investigator instruction template covering procedural fairness for both complainant and respondent, training attendance roster, and JHSC reporting log so the worker H&S members can review the assessment results shared under s. 32.0.3(3).

Examples

Convenience store, 12 workers, late-night shifts

Risk assessment must address: cash handling, public contact, working alone late nights — all elevated. Required: written violence policy and harassment policy posted, comprehensive program, training delivered to all workers and supervisors, panic alarm or call-for-help system, established escort or two-person closing procedure, partnership with local police for vulnerable-business check-ins. Annual review of risk assessment given high-risk profile.

Small accounting office, 8 workers, daytime hours

Risk assessment lower-risk: no public-facing role, minimal cash, normal hours. Still required: written policies (both violence and harassment) posted, program describing intake and investigation, training delivered to all workers and supervisors, complaint channel including alternate for complaints against the employer, domestic-violence procedure. Annual policy review and refresher training scheduled.

Frequently asked questions

What does Bill 168 actually require?

Bill 168 (in force June 15, 2010) added Part III.0.1 to OHSA — sections 32.0.1 through 32.0.8 — making workplace violence and harassment occupational hazards subject to the same Internal Responsibility System framework as physical hazards. The employer must: prepare and post written policies on violence and on harassment (s. 32.0.1); conduct a risk assessment of workplace violence (s. 32.0.3); develop and maintain a written program to implement the policies (s. 32.0.2 and s. 32.0.6); inform and instruct workers on the violence program (s. 32.0.5) and the harassment program (s. 32.0.8); investigate every harassment complaint (s. 32.0.7, added/strengthened by Bill 132 in 2016); and protect a worker from a domestic-violence threat that may enter the workplace if the employer becomes aware of it (s. 32.0.4).

What's the difference between violence and harassment under OHSA?

Workplace violence (s. 1) means: the exercise of physical force by a person against a worker that causes or could cause physical injury; an attempt to exercise such force; or a statement or behaviour that a worker could reasonably interpret as a threat to exercise such force. Workplace harassment means: engaging in a course of vexatious comment or conduct against a worker that is known or ought reasonably to be known to be unwelcome; or workplace sexual harassment. Both require written policies, a written program, and training, but the violence program adds the s. 32.0.3 risk-assessment duty and the s. 32.0.4 domestic-violence duty. Harassment investigations under s. 32.0.7 must be 'appropriate in the circumstances' — typically by an impartial investigator.

What does a workplace violence risk assessment look like?

Section 32.0.3 requires assessment of the risks of workplace violence that may arise from the nature of the workplace, the type of work, or the conditions of work. The assessment considers: contact with the public, members of the public who may be impaired or in distress; handling money or valuables; working alone or in small numbers; working in high-crime areas; working late at night or early morning; carrying or working near firearms; client populations with histories of violent behaviour (mental health, addictions, corrections). The assessment must be in writing if the employer regularly employs workers, must be reviewed when conditions change, and the results must be shared with the JHSC or H&S Rep. A documented assessment that hasn't been touched in 24 months is functionally a non-compliance.

What's the s. 32.0.4 domestic-violence duty?

If the employer becomes aware, or ought reasonably to be aware, that domestic violence may occur in the workplace and would likely expose a worker to physical injury, the employer must take every precaution reasonable in the circumstances to protect the worker. Triggers include: a worker discloses they are subject to a restraining order against an abuser; a worker tells a supervisor they fear an ex-partner showing up at work; a co-worker reports a stalker monitoring the parking lot. Reasonable precautions might include: changing work location, escort to vehicle, restricted-access lobby, security training, communication protocol with police, modified hours, leave under the ESA Domestic or Sexual Violence Leave provisions. Failure to act once aware is a clear OHSA breach.

Are anonymous complaints required to be investigated?

Section 32.0.7(1) requires the employer to ensure that an investigation 'appropriate in the circumstances' is conducted into incidents and complaints of workplace harassment. The phrase 'appropriate in the circumstances' acknowledges that anonymous complaints may have inherent limitations (cannot interview the complainant, cannot probe details), but the duty to investigate still attaches if the complaint contains specific allegations. Best practice: take every reported complaint seriously, document why an investigation may be limited if anonymous, and protect the complainant from reprisal under s. 50 even where identity is unknown. The Ministry of Labour will examine the employer's investigation policy and the actual investigation conduct, not the title on the file.

Is workplace harassment training mandatory and how often?

Yes. Under s. 32.0.5(2) an employer must inform and instruct every worker on the workplace violence policy and program, and under s. 32.0.8 on the workplace harassment policy and program. Training covers: how to recognize violence and harassment; how to report; what the investigation process looks like; the worker's right to be free from reprisal under s. 50; supervisor duties; specific risks identified in the workplace's risk assessment. Annual refresher is the practical norm. Re-training is required whenever any element of the program changes — new procedure, new investigator, new risk-assessment finding, change in JHSC composition. Training records are kept indefinitely (commonly 7 years to align with statute of limitations).

What if the harasser IS the supervisor or owner?

Section 32.0.6(2)(b) requires the harassment program to include measures and procedures for a worker to report an incident to a person OTHER than the employer or supervisor when the employer or supervisor is the alleged harasser — typically escalation to an external investigator (HR consultancy, employment lawyer, or third-party service). The employer cannot investigate itself. Best practice: the workplace harassment program names a designated alternate (often the JHSC worker co-chair or an external resource) who receives complaints involving the employer. The Ontario Human Rights Code may also apply if the harassment is on a protected ground (sex, race, disability, etc.) — separate Tribunal jurisdiction. Section 50 reprisal protections cover any worker who complains in good faith, even if the complaint is ultimately unfounded.

What are the penalties for not having a workplace violence or harassment policy in Ontario?

Under OHSA s. 66 (maximums increased by the Working for Workers Act and in force October 26, 2023), an individual can be fined up to $500,000, a director or officer of a corporation up to $1,500,000, and a corporation up to $2,000,000 per offence, plus up to 12 months imprisonment for individuals and officers. A director or officer who fails to take reasonable care to ensure compliance can be charged personally under s. 32. In practice the Ministry of Labour, Immigration, Training and Skills Development regularly asks to see the written policies, the risk assessment, training records, and investigation files during inspections — the policies must exist in writing, be reviewed within the last 12 months, and be accessible to workers.

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