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.
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.
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 separate written policy for violence (s.32.0.1) and a separate written policy for harassment (s.32.0.6). Some employers combine them 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.
Section 32.0.3 requires the employer to assess the risks of workplace violence, taking into account the nature of the workplace, the type of work performed, the conditions of work, and any prior incidents or complaints. 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, who may make recommendations. The employer must respond to written recommendations within 21 days.
Sections 32.0.2 (violence) and 32.0.7 (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, procedures for summoning immediate assistance when workplace violence occurs or is likely to occur, and procedures for reporting incidents to the employer or supervisor. The harassment prevention program must include procedures for reporting incidents, procedures for investigating complaints, and how the results of an investigation will be communicated to the complainant and respondent. Both programs must be in writing and reviewed at least annually. 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.
Sections 32.0.4 and 32.0.8 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.
Section 32.0.7(3) requires that investigations into workplace harassment be conducted by someone who is impartial — a person who does not have a direct interest in the outcome and is not in a conflict of interest. The 2016 Bill 132 amendments strengthened this by requiring the investigation to be "appropriate in the circumstances," which the Ministry of Labour interprets as meaning the investigation must be thorough, timely, and fair to both the complainant and the respondent. 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.
One of the most significant and least understood provisions of Bill 168 is the domestic violence obligation. Section 32.0.4 requires that 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.
Non-compliance with the workplace violence and harassment provisions carries the same penalties as any other OHSA violation. Under section 66, an individual convicted of an offence can be fined up to $100,000 and imprisoned for up to 12 months. A corporation can be fined up to $1,500,000 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.
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.
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